Policies

Privacy Policy

The American Board of Medical Specialties, its subsidiaries and affiliates (collectively as “ABMS” “we” or “our”) do not collect personal information about you without your knowledge. If you choose to provide information on the ABMS website through site registration, surveys or forms, that information becomes the property of ABMS. We do not resell or distribute any information about you to business partners or other organizations for their own marketing or sales use. In some instances, the ABMS Web server uses “cookies” to provide you with better experiences while visiting our site. Such enhancements may include, but not be limited to providing you with customized Content delivery. Cookies simply allow our Web server to recognize you when you access the website. They are very small text files that are placed on your hard drive (with your permission). Cookies cannot be executed as code or deliver viruses to your computer. The file is uniquely yours and can only be read by our server. By using this website, you signify your agreement with the ABMS Privacy Policy (“Privacy Policy”). We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and with or without notice to you. Any modifications will be posted to this page. Your continued use of the website after ABMS has revised this Privacy Policy will indicate your acceptance of those revised terms.

Email Privacy Policy

Your privacy is important to ABMS. We never share any of your information with a third party. Only ABMS will use your email address to send you communications with news, updates, and Content as they relate to you as a user of the website. If at any time you wish to unsubscribe to ABMS communications, you may do so by logging onto your profile page and editing your profile.

Email addresses, cookies and aggregate information about which pages visitors access, and information volunteered by site visitors—such as user survey responses and site registrations—are used to improve the Content and Services of the website. ABMS information services, editorial, publishing and marketing staff also use website visitor data and usage information to assist in modifying, improving and maintaining Content and Services hereunder.

Social Media Policy

ABMS is using this site and our social media profiles to share helpful, interesting, and newsworthy information with our member boards, candidates, diplomates, providers, consumers and users. We welcome comments, ideas, and concerns. While we encourage our audiences to share thoughts and opinions on this site and our social media profiles, we expect that this will be done in a respectful manner. ABMS asks that you not post comments that:

ABMS reserves the right to review and remove comments that do not comply with these guidelines and to block offenders of these guidelines.

Acceptance of Terms

By accessing or using any of the functionality (the “Services”) available on the Web sites owned or operated by the American Board of Medical Specialties® (“ABMS”), you agree to accept and comply with the terms, conditions and notices stated herein or as may be modified by ABMS from time-to-time with or without specific notice to you (the “Terms of Use”). These Terms of Use constitute a binding contract between ABMS and you. You are responsible for regularly reviewing the Terms of Use. You can review the most current version of the Terms of Use at any time by visiting the Certification Matters Web site at www.certificationmatters.org. If you do not wish to be bound by these Terms of Use, please do not access or use any content or functionality accessible on the ABMS Web sites, or immediately discontinue such use.

Additional terms may govern your use of certain Services accessible at ABMS Web sites or Web pages within the ABMS Web sites. In the event that any provision, term or guideline contained on a particular Web site or Web page in the ABMS Web sites conflicts with this Terms of Use, the particular terms of such Web site or Web page shall control over this Terms of Use except with respect to the General Terms set forth below, which shall at all times control.

Content of the ABMS Web Site/License Grant

The ABMS Web site and all of its contents including, but not limited to, all information, text, messages, images, photos, illustrations, designs, icons, video clips, sounds, files, trademarks, copyrighted material, trade dress, software, specifications, catalogs, literature, technical information, advertisements and other content or materials located on the ABMS Web sites (collectively, “Content”) is owned by ABMS and/or third parties with all rights are reserved unless otherwise noted. ABMS grants you a limited license to access and use the Services and Content accessible at the ABMS Web sites solely for informational, personal and non-commercial purposes (including printing individual pages from the ABMS Web site provided any printed copy of Content displayed on the ABMS Web sites includes all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying or making any other use of the Services or Content accessible at the ABMS Web sites, except with express written consent of ABMS. You understand that all third party Content posted on, transmitted through or linked from the ABMS Web sites, is the sole responsibility of the third party originator of such Content. All Content provided through the ABMS Web site is provided to you AS IS, and you agree that your use of and reliance on any Services or Content is at your own risk, and that under no circumstances shall ABMS be liable for any losses of any kind suffered by you that may be proximately caused by your use of the Services or Content accessible at the ABMS Web sites.

You acknowledge that ABMS disclaims any duty or obligation to screen or approve third-party Content accessible on the ABMS Web sites, and that ABMS shall have the right (but not the obligation) in its sole discretion to reject, modify, delete or relocate any Services or Content that are available, or may be available, via the ABMS Web site, for any reason.

Use of the ABMS Web Site

Unless specified otherwise, ABMS offers you access to the ABMS Web site solely for your personal and non-commercial uses. You agree to only access or use the ABMS Web sites for legal purposes that are permitted by this Terms of Use. Among other things, you agree not to:

Except with the express written or electronic authorization of ABMS, you agree that you will not access or attempt to access password protected, secure or non-public areas of the ABMS Web sites.

The origin of any link to the Certification Matters Web site must be accompanied by a clear and prominent attribution indicating that the link is connected to Certification Matters. By creating a link to an ABMS Web site, you agree that

  1. you will not employ any technology that results in the placement of content from the ABMS Web site in a frame and/or a reduced pop-up window and/or any other display mechanism which changes appearance of the ABMS Web site from how it would appear if a user typed the URL in a typical browser line,
  2. your site shall not display content or link to other Web sites that contain content that is illegal, obscene, indecent, disparaging, discriminating or otherwise offensive,
  3. you have duly registered your domain name and possess all rights necessary to use the same, and
  4. you shall not in any manner access, collect, store, disclose, transfer or use any information obtained or derived from a user’s access to or use of the ABMS Web sites.

ABMS reserves the right to revoke your permission to create such link at any time in its sole discretion and you agree to immediately cease using the link at any time that ABMS so requests.

You agree that ABMS may in its sole discretion and at any time terminate your access to and use of the ABMS Web sites, or any part thereof, with or without notice. You further agree that use of the ABMS Web sites and any of its Services shall be immediately terminated if you violate these Terms of Use. In addition, ABMS 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.

The Services or Content provided through the ABMS Web sites may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services or Content is an offer or promise by ABMS to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, ABMS does not make any representations or warranties with respect to such third party services or content, and is not responsible for their accuracy, sufficiency, veracity, completeness or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release ABMS from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such services or content. Please note that you may be subject to additional and/or different terms, conditions and privacy policies when you use third party services, content (as defined below), software or sites.

General Terms

Applicable Law

This Terms of Use is governed by the laws of the State of Illinois, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of federal or state courts sitting in the city of Chicago, County of Cook, State of Illinois in all disputes arising out of or relating to accessing or using of the ABMS Web sites. Access or use of the ABMS Web sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment or agency relationship exists between you and ABMS as a result of the Terms of Use or accessing or using the ABMS Web sites, Services or Content. ABMS’ performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of ABMS’ right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the ABMS Web sites or information provided to or gathered by ABMS with respect to such use.

Severability/Entire Agreement

If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and ABMS), the Terms of Use constitutes the entire agreement between you and ABMS with respect to your access to and use of the Services and Content available on the ABMS Web sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABMS with respect to the ABMS Web sites.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE ABMS WEB SITES, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. ABMS MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE ABMS WEB SITES, SERVICES AND/OR CONTENT. ABMS EXPRESSLY DISCLAIMS 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.

Indemnification of ABMS by User

YOU AGREE TO INDEMNIFY AND HOLD ABMS, ITS THIRD-PARTY VENDORS, MEMBER MEDICAL SPECIALTY BOARDS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE ABMS WEB SITES AND/OR ABMS AND/OR ITS THIRD PARTY ADVERTISERS, OR ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.

ABMS Limitation of Liability

IN NO EVENT SHALL ABMS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ABMS WEB SITES, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE ABMS WEB SITES 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 ABMS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ABMS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE ABMS WEB SITES, AND ALL OTHER USE OF THE ABMS WEB SITES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ABMS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ABMS WEB SITES.

Security of Collected Data

To prevent unauthorized access, maintain accuracy of the data and assist compliance with this Privacy Policy, ABMS has established certain security protocols and procedures designed to safeguard and secure the information ABMS collects through the website and prohibit unauthorized access to that information. Access to data that has been collected through the website is restricted to only those ABMS employees and agents who require such access for specific purposes. Messages that you send to ABMS by email may not be secure. Accordingly, ABMS recommends that you do not send any confidential information to us by email. If you choose to send confidential information to us via email, you accept the risk that a third party may intercept this information.

ABMS Copyright

All materials on the ABMS Web sites (as well as the organization and layout of the ABMS Web sites) are owned and copyrighted or licensed by ABMS, its corporate affiliates or its third-party vendors, Copyright © 2018 American Board of Medical Specialties(R), all rights reserved. No reproduction, distribution or transmission of the copyrighted materials on the ABMS Web sites is permitted without the written permission of ABMS. Any rights not expressly granted herein are reserved.

How to Contact Us About This Privacy Policy

In the event that you have any questions or would like to discuss this Privacy Policy in greater detail, please contact us at:

American Board of Medical Specialties
Attn: Legal Department
353 N. Clark Street, Suite 1400
Chicago, IL 60654
Telephone: (312) 436-2600

ABMS Affiliation

Please note that neither ABMS, nor any of its Member Boards, is affiliated with BoardCertified LLC. Subscription to or payment of any fees to Boardcertified.com or BoardCertified LLC will not affect any diplomate’s certification status with their Member Board or listing on an ABMS database.

Links to Other Websites

This site contains links to Internet sites maintained by parties not affiliated with ABMS, but which may offer useful information. ABMS does not endorse these sites and the materials or policies that appear on them. We have no control over the content or links that appear on these sites. By using this site to link to third party sites, you acknowledge and agree that ABMS is not accountable for any damage or loss that may occur in connection with linking to, or the content found in, third party sites.

We do not supply personal information to any third party sites and are not responsible for their privacy policies. We recommend that you carefully review the privacy policies of any third party sites before providing your personal information to them, and to contact them with any questions.

Doctor Certification Search Terms of Use

AMERICAN BOARD OF MEDICAL SPECIALTIES (ABMS)
DATA LICENSING AND TERMS OF USE AGREEMENT
Certification Matters™

IMPORTANT: By accessing this site, you specifically acknowledge that your use of this site and the information contained herein is governed by the provisions of this Terms Of Use Agreement (“TOUA”). You further acknowledge and agree that this is an enforceable and lawful contract between you and ABMS which you have entered into voluntarily and intend to be bound by. You further acknowledge and agree that ABMS is relying upon your acceptance of the TOUA in granting you access to this site and the data contained herein. Certification Matters™ is a service that may be used by you FOR YOUR PERSONAL USE ONLY subject to the TOUA. Use of this site and data contained on this site by any commercial business and/or for any commercial or business use is strictly prohibited (see Section 3). Any use other than as set forth in this TOUA shall be considered an unauthorized use from a protected computer as defined in the Computer Fraud and Abuse Act, 18 USC 1030, et seq. ABMS does not warrant the information provided (see Section 7). This Agreement is governed by Illinois law and by your use of this site, you have agreed to submit yourself to the jurisdiction of state or federal courts sitting in the City of Chicago, Cook County, Illinois for any matters related to the TOUA and the use of this site.

Please read the entire Agreement carefully before accessing or using Certification Matters™. ABMS is willing to provide you access to this service only on the condition that you agree to the TOUA EACH TIME YOU ACCESS Certification Matters™. YOU UNDERSTAND AND AGREE THAT AT EACH ACCESS, YOU ARE BOUND TO THE THEN EXISTING TERMS AND CONDITIONS OF THE TOUA WHICH WE HAVE THE RIGHT TO AMEND FROM TIME TO TIME IN OUR SOLE AND ABSOLUTE DISCRETION.

  1. CHANGES OF TERMS

ABMS may amend the TOUA at any time, and from time to time, by amending the TOUA. By accessing and using Certification Matters™ and/or the ABMS Data, you agree that any amendments to the TOUA are immediately effective and binding upon you upon posting unless otherwise provided by ABMS. The current TOUA is effective as of September 11, 2018.

2. GRANT OF LICENSE

ABMS hereby grants to you a limited, non-exclusive license to access a subset of ABMS Data through its website and the Certification Matters™ service solely to verify the Board Certification of a physician. “ABMS Data” means information from its database relating to physicians who have been certified in a practice specialty or subspecialty by one or more ABMS’ Member Boards. For registration purposes, a person (including a corporate entity) is limited to the use of one email address per individual or entity. ABMS reserves the right to adjust the number of allowed searches and/or associated time period at its sole discretion. You acknowledge and agree that ABMS Data shall be used solely for personal and consumer purposes to verify the Board Certification of your own doctor(s) or to investigate doctors whom you may be interested in visiting. The use of ABMS Data for any other purpose is strictly prohibited. ABMS Data you obtain from Certification Matters™ may not be sold, redistributed, copied or otherwise provided to any other person or entity. ABMS Data may not be used for the benefit of your employer, your customers or your clients. You may not link Certification Matters™ to any other website. You may not refer to or include ABMS Data in any publication, including internet publications. You further agree that ABMS may immediately terminate your access to ABMS Data if you violate any terms of this Agreement, or any of the limitations or prohibitions on the use of ABMS Data.

Any person or entity seeking to use ABMS Data or information obtained from Certification Matters™ in any manner other than as set forth in the TOUA shall be required to contact ABMS for such permission which shall only be granted in ABMS sole and absolute discretion and shall only be effective if the permission is given in writing, signed by the designated representative of ABMS and subject to such terms and conditions as my be imposed by ABMS.

ABMS RESERVES THE RIGHT AT ITS SOLE AND ABSOLUTE DISCRETION TO BLOCK ACCESS TO Certification Matters™ AND THE ABMS DATA TO ANY PERSON OR ENTITY.

3. DISCLAIMER OF ALL WARRANTIES

NEITHER ABMS NOR ITS MEMBER BOARDS MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ABMS DATA PROVIDED UNDER THIS AGREEMENT, AND EXPRESSLY DISCLAIMS ANY WARRANTY CONCERNING THE ACCURACY OR ADEQUACY OF THE ABMS DATA, WHICH IS PROVIDED TO YOU ON AN “AS IS” BASIS.

4. INDEMNIFICATION

You agree to defend, indemnify and hold harmless ABMS and its Member Boards and their current and former directors, officers, employees and agents from and against any damages, costs and expenses, including reasonable attorneys’ fees, incurred in connection with any claims that may arise from your access to, or use of, the ABMS Data and Certification Matters™.

5. LIMITATION OF LIABILITY

In no event shall ABMS be liable for damages of any type arising from your use of the ABMS Data and Certification Matters™, including, without limitation, special, indirect, incidental or consequential damages, whether in contract, tort, or otherwise, and whether or not ABMS has been advised of the possibility of such damages. In any case, ABMS’ maximum liability to you for any reason under the TOUA shall be limited to the License Fees, if any, paid by you to ABMS for access to ABMS Data hereunder.

6. INTELLECTUAL PROPERTY RIGHTS; INJUNCTIVE RELIEF

You agree that, as between you and ABMS, ABMS owns all intellectual property rights to the ABMS Data and any materials generated by you using the ABMS Data including, without limitation, all copyrights, trademarks and similar proprietary rights available under the laws of the United States or the state of Illinois and you agree that any and all repackaging, reproduced, or derivative works of any nature which include ABMS Data shall irrevocably be subject to the rights of ABMS and its member Boards as set forth herein. You will not contest ABMS’ claims to these rights, nor will you assist others in doing so. You acknowledge that any use of the ABMS Data other than in accordance with the TOUA would cause ABMS immediate and irreparable harm for which money damages would be an inadequate remedy. You agree that in the event you violate the TOUA, ABMS shall be entitled to immediate injunctive relief. You agree to waive any requirement that ABMS post a bond to obtain such relief and you further agree that you will pay all reasonable attorneys’ fees incurred by ABMS in obtaining such relief.

7. MISCELLANEOUS

  1. No Waiver. No waiver at any time of any provision of this Agreement, whether by conduct or otherwise, shall be deemed a waiver of any other provision at that time, or a waiver of that or any other provision of this Agreement at any other time.
  2. Severability. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this Agreement shall remain in force and unaffected.
  3. Survival. The TOUA provisions shall survive and shall continue to be binding on you following each use by you of Certification Matters™ for a period equal to the statute of limitations of the state of Illinois for written contract. You agree that your acceptance of the TOUA by your accessing of this site shall constitute an electronic signature by you as provided by the Illinois Electronic Commerce Act, 5 ILCS 175, and the Federal Electronic Records and Signature in Commerce Act, 15 USC 7001, each of which you agree you have reviewed or had the opportunity to review prior to accepting the TOUA and to accessing the ABMS Data and Certification Matters™.
  4. Illinois Law and Jurisdiction. The TOUA shall be deemed to be made in the State of Illinois and shall be governed by Illinois law (without regard to its conflict of law principles). You consent that jurisdiction and venue for all legal proceedings shall be maintained in federal or state courts located in Cook County, Illinois.
  5. Binding Effect; Assignment. The TOUA is binding upon you and shall inure to the benefit of ABMS and its permitted successors and assigns. You do not have the right to assign this Agreement without ABMS’ prior written consent. ABMS may assign its rights under this Agreement, in whole or in part, in its sole discretion.
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