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Terms
and Conditions of Use
YOU MUST READ THESE TERMS AND CONDITIONS
OF USE (these “Terms”)
CAREFULLY BEFORE USING THIS SITE.
The Center for Clinical Social Work
(“Center”) provides this website, ,
together with another website owned and operated by the Center,
that of the American Board of Examiners in Clinical Social Work
(“ABE”), http://www.abecsw.org,
to you, your employees, agents, and contractors, and any other
entity on whose behalf you accept the Terms (collectively “You”),
subject to these Terms. By using the Center/ABE Websites, You
signify your assent to these Terms. If You do not agree to all
of the Terms, do not use the Center/ABE Websites!
The Center/ABE may revise and update
these Terms at any time and any changes will be effective immediately
upon posting to the Center/ABE Websites, so please check back
regularly to ensure you read and understand our current terms
and conditions of use.
1. Disclaimer of Online BCD Directory
usage
The OnLine BCD Directory is compiled and published as a reference
source of information on ABE Board Certified Diplomates in Clinical
Social Work (BCD constituents). Inclusion in the BCD Directory
confirms ABE board certification & credentials only. All other
information is provided by BCD constituents and is deemed to be
accurate but not warrantable. These data may not be downloaded,
republished, resold, or duplicated, in whole or in part, for commercial
or any other purposes or for purposes of compiling mailing lists
or any other lists of BCD constituents. Although BCD constituents
are encouraged and permitted to view their database listing and
to update it online, Center/ABE does not warrant the accuracy,
completeness, or timeliness of the information contained in the
BCD Directory. In no event shall Center/ABE be liable to you or
anyone else for any decision made or action taken by you in reliance
on such information. You are directed to Center/ABE’s Privacy
Policy for other terms applicable to your use of the OnLine
BCD Directory.
2. Disclaimer of Advice and Endorsements
The Center/ABE Websites and its contents, such as text, graphics,
images, information obtained from licensors or other third parties,
and any other material contained on the Center/ABE Websites (the
“Content”) is provided to You for informational and educational
purposes only and on the express understanding that Center/ABE
is not engaged in rendering professional advice or recommendations
of any kind. References to any products, services, websites of
third parties, or other information by trade name, trademark,
supplier, or otherwise, do not in any way constitute or imply
endorsement, sponsorship, or recommendation by Center/ABE. Center/ABE
and their Websites do not answer specific clinical social work-related
questions or refer people to particular professionals. The Content
is in no way intended to replace consultation with a clinical
social worker.
3. Links and Identifications
You may find links to other Internet websites or resources on
the Center/ABE Websites and portions of the Center/ABE Websites
may identify specific clinical social workers by name, address,
or affiliation. You acknowledge and agree that (a) Center/ABE
is not responsible for the availability of such external websites
or resources, (b) all links and identifications are provided solely
for your convenience and for other informational purposes, and
(c) Center/ABE does not endorse and is not responsible or liable
for any Content, advertising, products, or other materials on
or available from such websites, resources, or clinical social
work or social work professionals or their affiliations, whether
or not identified on the Center/ABE Websites. Without limiting
the foregoing, Center/ABE will not be responsible or liable, directly
or indirectly, for any actual or alleged damage or loss caused
by or in connection with use of or reliance on any such content,
goods, or services available on or through any such website or
resource or from any identified clinical social work or social
work professional or affiliation.
Please note that the Center/ABE Websites’ “emindhealth.com” is
owned and operated by emindhealth.com through a link from the
Center/ABE Websites. You should be aware that your use of the
“emindhealth.com” site is subject to the terms of use and privacy
policies of emindhealth.com, and not those of Center/ABE.
Please note that the Center/ABE Websites’ “HPSO”
is owned and operated by Healthcare Providers Service Organization
(a division of Affinity Insurance Services, Inc., a subsidiary
of Aon Group, Inc., and an affiliate of Aon Corporation) through
a link from the Center/ABE Websites. You should be aware that
your use of the “HPSO” site is subject to the terms of use and
privacy policies of the Healthcare Providers Service Organization
and not those of Center/ABE.
Please note that the Center/ABE Websites’ “Job
Center” site contains two links: PsychPros Executive Search, owned
& operated by PsychPros, Inc., and PsychTemps, owned and operated
by PsychTemps, Inc. Both these links are accessible through the
Center/ABE Websites. You should be aware that your use of these
two sites is subject to the terms of use and privacy policies
of PsychPros, Inc. and PsychTemps, Inc. and not those of Center/ABE.
Please note that the Center/ABE Websites’ “PROVIDERfiles
SERVICES” is owned and operated by PROVIDERfiles through a link
from the Center/ABE Websites. You should be aware that your use
of the “PROVIDERfiles SERVICES” site is subject to the terms of
use and privacy policies of PROVIDERfiles, and not those of Center/ABE.
Please note that the Center/ABE Websites’ “QE
Quick” is owned and operated by Essential Learning through a link
from the Center/ABE Websites. You should be aware that your use
of the “QE Quick” site is subject to the terms of use and privacy
policies of QE Quick, and not those of Center/ABE.
4. Registration Data
In consideration of Your use of the Center/ABE Websites, You agree
to: (a) provide accurate, current, and complete information about
You as may be prompted by a registration form on the Center/ABE
Websites (“Registration Data”); (b) maintain the security of your
password and user identification; (c) maintain and promptly update
Registration Data, and any other information You provide to Center/ABE,
to keep it accurate, current and complete; and (d) accept all
risks of unauthorized access to information and Your Registration
Data. You have sole responsibility for adequate protection of
your data and/or your equipment used in connection with the Center/ABE
Websites. You further consent and authorize us to verify any Registration
Data.
5. Center/ABE’s Privacy Policy
You consent to the collection, processing, and storage by Center/ABE
of Your personal information in accordance with the terms of Center/ABE’s
Privacy Policy. You agree to comply
with all applicable laws and regulations, and the terms of Center/ABE’s
Privacy Policy, with respect to any
access, use, and/or submission by You of any personal information
in connection with the Center/ABE Websites.
6. Your Obligations and Conduct; Interactive
Services
You agree that You will not use the Center/ABE Websites to: (a)
transmit spam, bulk, or unsolicited communications; (b) pretend
to be Center/ABE or someone else, or spoof Center/ABE’s or someone
else’s identity; (c) forge headers, frame our webpages, deep-link
or otherwise manipulate identifiers (including URLs) in order
to disguise the origin of any Content on or otherwise transmitted
through the Websites; (d) misrepresent your affiliation with a
person or entity; (e) disrupt the normal flow of dialogue or otherwise
act in a manner that negatively affects other users’ ability to
use the Center/ABE Websites; (f) engage in activities that would
violate any fiduciary relationship, any applicable local, state,
national, or international law, or any regulations having the
force of law, including but not limited to attempting to compromise
the security of any networked account or site, operating an illegal
lottery or gambling operation, stalking, or making threats of
harm; or (g) collect or store personal data about other users
unless specifically authorized by such users.
You agree not to upload, post, or otherwise
transmit via the Center/ABE Websites, Content that: (a) is inaccurate,
harmful, obscene, pornographic, defamatory, racist, violent, offensive,
or harassing, or causes duress, distress or discomfort to another,
or is otherwise objectionable to Center/ABE or other users of
the Center/ABE Websites; (b) includes unauthorized disclosure
of personal information; (c) violates or infringes anyone’s intellectual
property rights; (d) contains software viruses or any other computer
code, files, or programs designed to interrupt, destroy, or limit
the functionality of any computer software or hardware or telecommunications
equipment; (e) is a form of advertising not approved in advance
in writing by Center/ABE; or (f) is injurious to the interests
of Center/ABE or other users of the Center/ABE Websites. Center/ABE
reserves the right to edit or remove any Content from any part
of the Websites at any time, at its sole discretion.
Other than as described in Center/ABE’s Privacy
Policy with regard to personally identifiable information,
you expressly agree that Center/ABE has no responsibility for
or control over Content that You upload, post or otherwise transmit
via the Center/ABE Websites. Center/ABE makes no representation
that your use of the Websites will comply with applicable laws
or that they were designed to comply with applicable laws. Additionally,
we do not represent, warrant or guarantee the truthfulness, accuracy,
quality or reliability of any of the Content posted, displayed,
linked to or otherwise transmitted via the Websites. We also do
not endorse any opinions expressed in or through any such Content.
You agree that you must evaluate and bear all risks associated
with the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of the Content. You assume all risk
for any damage to your computer system or loss of data that results
from obtaining any Content from the Center/ABE Websites, including
any damages resulting from computer viruses.
7. Human Use Restriction
The Center/ABE Websites are solely for direct access by human
users. ‘Spiders’, ‘crawlers’, ‘bots’ and all other automated software
or hardware devices designed to access and ‘read’ or otherwise
analyze the Center/ABE Websites independently are prohibited and
You agree not to access or use the Center/ABE Websites by such
means.
8. Intellectual Property
The Center/ABE Websites, including without limitation all Content
and all intellectual property rights in and to the same, are owned
by or licensed to Center/ABE or our third-party Content providers.
Except as expressly authorized by Center/ABE or by authorized
third party Content providers, You agree not to use, reproduce,
modify, distribute, transmit, display, perform, adapt, sell or
resell, rent, mirror, frame, download, or otherwise exploit or
create derivative works of the Content, in whole or in part, by
any means. You must not modify, decompile, or reverse engineer
any software Center/ABE discloses to You, and You must not remove
or modify any copyright or trademark notice, or other notice of
ownership. Unless explicitly stated herein, nothing in these Terms
shall be construed as conferring any license to intellectual property
rights, whether by estoppel, implication, or otherwise. You may
not do or allow anyone else to do anything with the Content which
is not specifically permitted under these Terms.
Permission is granted to You to display, copy,
and download a single copy of any portion of the Content owned
by Center/ABE on the Center/ABE Websites provided that: (a) the
copyright notice pertaining to the Content remains, and a permission
notice (e.g., “Used with permission”) is added to such Content;
(b) the use of such Content is solely for your personal, non-commercial
use; (c) such Content will not be copied or posted on any networked
computer or published in any medium; and (d) no modifications
are made to such Content. This permission terminates automatically
without notice if You breach any of the terms or conditions in
this Agreement. Upon termination, You must immediately destroy
any downloaded and/or printed Content. Requests regarding use
of such Content for any purpose other than as explicitly permitted
by these Terms should be directed to abe@abecsw.org.
Center/ABE does not claim ownership of the Content
You place on the Center/ABE Websites. Other than as described
in Center/ABE’s Privacy Policy with
regard to personally identifiable information, you expressly agree
that Center/ABE has no responsibility for or control over Content
that You upload, post or otherwise transmit via the Center/ABE
Websites. Other than as provided in these terms or in Center/ABE’s
Privacy Policy with regard to personally identifiable information,
any Content You provide in connection with the Center/ABE Websites
shall be deemed to be provided on a non-confidential basis. Center/ABE
shall be free to use reproduce, modify, publish, and/or disseminate
such Content on an unrestricted basis for any purpose, and You
grant Center/ABE and all other users of the Center/ABE Websites
an irrevocable, perpetual, worldwide, royalty-free, transferable,
sublicensable, nonexclusive license to use, reproduce, modify,
distribute, transmit, display, perform, adapt, sell or resell,
rent, mirror, frame, download or otherwise exploit or create derivative
works of the Content, in whole or in part, by any means. You represent
and warrant that you have proper authorization for the worldwide
transfer and processing among Center/ABE, its affiliates, and
third-party providers of any information or content that You may
provide to Center/ABE through the Center/ABE Websites.
Center/ABE is committed to respecting others’
intellectual property rights, and we ask our users to do the same.
If You believe that Your work has been copied in a way that constitutes
copyright infringement on the Center/ABE Websites please contact
the appropriate copyright agent at abe@abecsw.org
with the following information.
- An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright
interest.
- A description of the copyrighted work that
you claim has been infringed upon.
- A description of where the material that
you claim is infringing is located on the Site.
- Your address, telephone number, and e-mail
address.
- A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright
owner, its agent, or the law.
- A statement by you, made under penalty of
perjury, that the above information in your notice is accurate
and that you are the copyright owner or authorized to act on
the copyright owner’s behalf.
9. Disclaimer of Warranties
Your use of the Center/ABE Websites is at your sole risk. The
Center/ABE Websites, including all services and content (as defined
in section 1) are provided on an “as is” “as available” and “with
all faults” basis. Center/ABE disclaims all express or implied
conditions, representations, and warranties of any kind, including
any implied warranty or condition of title, merchantability, satisfactory
quality, fitness for a particular purpose, or noninfringement.
Center/ABE makes no representations, warranties, conditions, or
guarantees as to the usefulness, quality, suitability, truth,
accuracy, or completeness of the Center/ABE Websites.
Center/ABE further makes no warranty or representation
that: (a) the Center/ABE Websites will be uninterrupted, timely,
secure, or error-free; (b) the results that may be obtained from
the use of the Center/ABE websites will be accurate or reliable;
(c) the quality of any products, services, content, information,
or other material purchased or obtained from the Center/ABE Websites
will meet your expectations or requirements; or (d) any errors
in the Center/ABE Websites will be corrected.
10. Limitation of Liability
To the full extent permitted by law, Center/ABE is not liable
for any direct, indirect, punitive, special, incidental, consequential,
or exemplary damages (including, without limitation, loss of business,
revenue, profits, goodwill, use, data, electronically transmitted
orders, or other economic advantage) arising out of or in connection
with the Center/ABE Websites, even if Center/ABE has previously
been advised of, or reasonably could have foreseen, the possibility
of such damages, however they arise, whether in breach of contract
or in tort (including negligence), including without limitation
damages due to: (a) the use of or the inability to use the Center/ABE
Websites; (b) the cost of procurement of substitute goods and
services resulting from any goods, data, information, or services
purchased or obtained, or messages received or transactions entered
into, through, or from the Center/ABE Websites; (c) statements
or conduct of any third party on the Center/ABE Websites, including
without limitation unauthorized access to or alteration of transmissions
or data, malicious or criminal behavior, or false or fraudulent
transactions; or (d) content or information You may download,
use, modify, or distribute.
In the event You have any dispute with one or
more third parties as a result of Your use of the Center/ABE Websites,
or are in any way damaged as a result of any third party in connection
therewith, you hereby release and covenant not to sue or otherwise
make a claim, demand or file any legal action or institute any
legal or regulatory proceedings against Center/ABE, our affiliates,
officers, directors, employees, agents, representatives, and suppliers
from, for any claims, actions, demands or damages (whether direct,
indirect, special, incidental or consequential), of whatever kind
or nature, known or unknown, suspected or unsuspected, whether
foreseeable or not, disclosed or undisclosed.
To the extent that any jurisdiction does not
allow the exclusion or limitation of direct, incidental or consequential
damages, portions of the above limitation or exclusion may not
apply.
11. Indemnity
You agree to defend, indemnify and hold Center/ABE and its subsidiaries,
affiliates, shareholders, officers, directors, agents, licensors,
suppliers, other partners, employees, and representatives harmless
from any losses, expenses, costs, or damages (including our reasonable
attorneys’ fees, expert fees’, and other reasonable costs of litigation)
arising from, incurred as a result of or in any manner related
to any claim, demand, or action based upon Your Content, Your
use of or connection to the Center/ABE Websites (including any
use by You on behalf of Your employer and any use by third parties
under your accounts), Your violation of the Terms, or Your violation
of any rights of another. We may, if necessary, participate in
the defense of any such claim or action and any negotiations for
its settlement or compromise. No settlement which may adversely
affect our rights or obligations shall be made without our prior
written approval. We reserve the right, at out own expense and
on notice to you, to assume exclusive defense and control of any
such claim or action and then your corresponding indemnification
obligation will end.
12. General Terms
These Terms constitute the entire agreement between You and Center/ABE
relating to Your use of the Center/ABE Websites, and cancel and
supersede any prior versions of the Terms. In the event of a conflict
between these Terms and any policy or statement regarding Your
use of the Center/ABE Websites, or any use of Your Center/ABE
Websites account, these Terms shall govern. No modification to
the Terms will be binding, unless in writing and signed by an
authorized Center/ABE representative. You may not assign, sublicense,
delegate, or otherwise transfer the Terms or any right or obligation
granted hereunder.
Rights and obligations under the Terms which
by their nature should survive will remain in full effect after
termination or expiration of the Terms, including without limitation
those of Sections 1, 7, 8, 9, and 10.
You agree that any material breach of Sections
5, 6, and 7 of the Terms will result in irreparable harm to Center/ABE
for which damages would be an inadequate remedy and, therefore,
in addition to its rights and remedies otherwise available at
law, Center/ABE will be entitled to equitable relief, including
both a preliminary and permanent injunction, if such a breach
occurs. You waive any requirement for the posting of a bond or
other security if Center/ABE seeks such an injunction.
Any Center/ABE express waiver or failure to
exercise promptly any right under the Terms will not create a
continuing waiver or any expectation of non-enforcement. If any
provision of the Terms is held invalid by any law or regulation
of any government, or by any court or arbitrator, the parties
agree that such provision will be replaced with a new provision
that accomplishes the original business purpose, and the other
provisions of the Terms will remain in full force and effect.
Notices sent to you by the Center/ABE in connection
with this Agreement may be delivered to you by electronic mail,
by general notice on the Center/ABE Websites, or by written communication
delivered by first class U.S. mail. You may give notice to the
Center/ABE at any time by letter delivered by first class postage
prepaid U.S. Mail or overnight courier to the following address:
Center for Clinical Social Work
Shetland Park
27 Congress St., #501
Salem, MA 01970
You may send your questions regarding the Center/ABE
Websites to abe@abecsw.org.
These Terms shall for all purposes be
governed, interpreted, construed, and enforced solely and exclusively
in accordance with the law of the Commonwealth of Massachusetts,
without regard to conflicts of law provisions thereof. You agree
that exclusive jurisdiction and venue of any dispute with Center/ABE
arising out of or in any way relating to the Terms or your use
of or inability to use the Center/ABE Websites, services, or Content
shall reside in the federal and state courts sitting in the Commonwealth
of Massachusetts. You expressly consent to the exercise of personal
jurisdiction by such courts and agree that You will not object
to jurisdiction of or venue in such courts on the grounds of lack
of personal jurisdiction, forum non conveniens, or otherwise.
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