ACR Beyond Terms of Use

Overview:

Welcome to ACR Beyond! ACR Beyond is a subscription-based service offered by the American College of Rheumatology (“ACR”) that provides users with access to innovative scientific and educational content (the “ACR Beyond content”) through ACR’s online learning platform, streamed over the Internet to certain Internet-connected, computers and other devices (“ACR Beyond-ready devices”).

Your use of the ACR Beyond service is governed by these Terms of Use. These Terms of Use apply only to the use of certain websites which are owned and/or operated by or on behalf of ACR and/or its affiliates (each, the “Site,” and collectively, the “Sites”), or available through our authorized third parties, or by any of the other means described herein. These Terms of Use do not apply to any site owned and/or operated by or on behalf of any third party even if we provide a link to such site on one of our Sites.  Please refer to the terms of use of any such third-party sites for information regarding the terms and conditions of your use of such sites.

As used in these Terms of Use, “ACR Beyond service,” “our service” or “the service” means the service provided by ACR for discovering and watching ACR Beyond content, including all features and functionalities, website and user interfaces, as well as all content and software associated with the ACR Beyond service.  When we refer to “ACR,” “we,” “us” or “our,” we mean the American College of Rheumatology or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.  When we refer to “you” or “your,” we mean the person accessing the Site.  If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.

  1. Acceptance of Terms of Use
    1. By using, visiting, or browsing the ACR Beyond service, you accept and agree to these Terms of Use, which include ACR’s Privacy Statement (located at https://www.rheumatology.org/about-us/newsroom/website-policies). If you do not agree to these Terms of Use, do not use the ACR Beyond service.

    2. ACR makes this Site and the ACR Beyond service available subject to the terms and conditions set forth herein and all applicable laws.  By accessing, browsing or otherwise using (collectively, “use” or “using”) this Site or the ACR Beyond service, you acknowledge that you, the individual user of this Site and/or the ACR Beyond service, have read, understood and agree to be legally bound by these Terms of Use, and to comply with all applicable laws and regulations, without limitation or qualification.  By using this Site and/or the ACR Beyond service, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, which you serve as an agent, independent contractor or employee thereof to the same Terms of Use, without limitation or qualification.  These Terms of Use shall take effect immediately on your first use of the Site or the ACR Beyond service.  If you do not agree to these Terms of Use, you are not authorized to access, browse or otherwise use this Site or the ACR Beyond service.

  2. Changes to Terms of Use. ACR reserves the right to modify these Terms of Use (including the Privacy Statement) at any time without notice.  The most current version of the Terms of Use will always be available to you by clicking on the link at the bottom of the Site.  We will endeavor to post prior versions of the Terms of Use, if any, for the preceding twelve (12) -month period, but are not required to do so.  If you find the Terms of Use unacceptable at any time, you may discontinue your use of the ACR Beyond service.  By continuing to use the ACR Beyond service after the date of any change to these Terms of Use, including accessing the Site, you agree to be bound by the rules contained in the most recent version of these Terms of Use.  You agree and understand that effective use of the Site may require your browser to use software plug-ins and modules, including without limitation JavaScript, in order to correctly display content and utilize features on the Site.  ACR reserves the right to modify or terminate the ACR Beyond services and the Site or to terminate your access to the ACR Beyond Services and Site, in whole or in part, at any time in its sole and absolute discretion.  These Terms of Use constitute a contract between you and ACR governed by the laws of the State of Illinois.

  3. Privacy. “Personally identifying information” is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand how we utilize data that you provide to us.

  4. Communication Preferences. By using the ACR Beyond service and registering to use the Site, you consent to receiving electronic communications from ACR Beyond relating to your account using the contact information that you provide to us. These communications may involve sending emails to your email address provided during registration, or posting communications on the ACR Beyond service, or in the “Your Account” page and will include notices about your account and are part of your relationship with ACR Beyond. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new ACR Beyond features and content, special offers, promotional announcements and customer surveys via email or other methods. Please review our Privacy Statement (https://www.rheumatology.org/about-us/newsroom/website-policies) for further detail on our marketing communications.

  5. Membership, Free Trials, Billing and Cancellation
    1. Membership
      1. Annual Membership. Your ACR Beyond account, which may start with a free trial, will have its access revoked if a subscription is not purchased before the end of the trial period. You must have Internet access and provide us with a valid, accepted method of payment (as such may be updated from time to time), to purchase continued access to the ACR Beyond service.

      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your signup or in other communications made available to you. You can find specific details regarding your membership with ACR Beyond by visiting our website and clicking on the “Your Account” link. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

    2. Free Trials
      1. Your ACR Beyond membership may start with a free trial. The free trial period of your membership lasts for seven (7) days, or as otherwise specified during signup. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. ACR reserves the right, in its absolute discretion, to determine your free trial eligibility.

    3. Billing
      1. Recurring Billing. We currently do not offer recurring billing, and all purchases are one-time transactions. We reserve the right to offer or require recurring billing in the future once membership expires or other purchases are made

      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect on any future purchases or renewal of services.

      3. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. At any time, and for any reason, we may provide a refund, discount or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

  6. ACR Beyond Service
    1. You must be eighteen (18) years of age, or the age of majority in your province, territory or country, to become a member of the ACR Beyond service or use the Site. Individuals under the age of eighteen (18), or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.

    2. The ACR Beyond service and any content viewed through our Site are for your personal and non-commercial use only (unless specifically outlined in a separate agreement). During your ACR Beyond membership, we grant you a limited, non-exclusive, non-transferable license to access the ACR Beyond service and view ACR Beyond content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances without ACR’s prior written permission.

    3. We continually update the ACR Beyond service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of ACR Beyond content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

    4. ACR Beyond content is not available for download or offline viewing without ACR’s prior written consent.

    5. You agree to use the ACR Beyond service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the ACR Beyond service without express written permission from ACR. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the ACR Beyond service; use any robot, spider, scraper or other automated means to access the ACR Beyond service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the ACR Beyond service; insert any code or product or manipulate the content of the ACR Beyond service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the ACR Beyond  service, including any software viruses or any other computer code, files or programs.

    6. The availability of ACR Beyond content to view will change from time to time. The quality of the display of the ACR Beyond content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD availability is subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. ACR Beyond makes no representations or warranties about the quality of your viewing experience on your display. The time it takes to begin viewing ACR Beyond content will vary based on a number of factors, including your location, available bandwidth at the time, the ACR Beyond content you have selected and the configuration of your ACR Beyond-ready device.

    7. ACR Beyond software is currently developed by INXPO for ACR Beyond, and it is designed to enable streaming and viewing of content from ACR Beyond through ACR Beyond-ready devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE ACR BEYOND AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the ACR Beyond service.

    8. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are, (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

  7. Passwords and Account Access
    1. The member who created the ACR Beyond account and whose payment method is charged is referred to here as the “Account Owner.” The Account Owner has access and control over your ACR Beyond account. The Account Owner’s control is exercised through use of the Account Owner’s password, and therefore, to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting ACR Beyond Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the details associated with the account. Account Owners are responsible for updating and maintaining the truth and accuracy of the information provided to us relating to their accounts.

    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the ACR Beyond website and not through a hyperlink in an email or any other electronic communication, even if it looks official. ACR reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. ACR is not obligated to credit or discount a membership for holds placed on an account by either a representative of ACR or by the automated processes of the Site.

  8. Disclaimers of Warranties and Limitations on Liability
    1. THE ACR BEYOND SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE ACR BEYOND SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. ACR DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE ACR BEYOND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. ACR SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, ACR BEYOND-READY DEVICES AND ACR BEYOND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).

    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL THE AMERICAN COLLEGE OF RHEUMATOLOGY, OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR LICENSORS, BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.

    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

  9. Promotions. From time to time, other types of promotional codes may be available, including those provided as part of a third-party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash and may be combined with other offers, including a free trial, subject to certain restrictions as determined by ACR in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.

  10. Intellectual Property.  All information and content provided on this Site, whether explicitly marked or not, are the property of ACR or others, and are subject to U.S. and international copyright and unfair competition laws.  The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation and software, their related files and their arrangement on the Site. 

    All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by ACR or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. 

    You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish or otherwise use any information, content or Marks provided on this Site in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of ACR. 

    All of the content, pages and screens on the Site are owned and controlled by ACR, except as otherwise expressly stated, and are protected by U.S. copyright laws and international treaties.  The copyrighted materials on the Site include, but are not limited to, the text, design, software, images, graphics, source code and content on the Site.  You are authorized to view the information available on the Site for your informational purposes only.  You acknowledge that you do not acquire any ownership rights by viewing copyrighted material.  You may not copy, download for offline access, display, distribute, transfer, link to, reproduce, license, frame, alter, create derivative works of or republish all or any portion of the Site for any commercial or public purpose without ACR’s prior written consent.  You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Site except as authorized in this section.  The Site may contain links to websites controlled or offered by third parties (non-affiliates of ACR).  ACR hereby disclaims liability for any other company’s website content, products, privacy policies, or security.  In the event you choose to use the services available at a linked site, you agree to read and adhere to the policies and terms of use applicable to that site. In addition, any advice, opinions or recommendations provided by the linked site providers are those of the providers and not of ACR.  Your participation in any linked site, including payment for and the delivery of goods or services, is based solely on the agreement, if any, between you and the linked site provider.

    Nothing contained in any Site shall be construed as conferring, by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of ACR or any third party.  You are not permitted to create a hyperlink to any page or portion of any Site or frame any page or portion of any Site without the prior written permission of ACR.  Any use of the information, content or Marks provided on any Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by U.S. and international intellectual property laws and other applicable laws.

  11. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through the ACR Beyond service, please notify us immediately.

  12. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A. without regard to any conflict of laws provisions. Any claim relating to this Site or the ACR Beyond service shall be litigated in the state and/or federal courts located in Cook County, Illinois and you hereby consent to the jurisdiction and venue of those courts. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.

  13. Use of Information Submitted. ACR is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the ACR Beyond service, including the Site and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the ACR Beyond service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note ACR does not accept unsolicited materials or ideas for ACR Beyond content, and it is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to ACR. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against ACR and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.

  14. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit ACR Beyond Help Center within the platform, or email education@rheumatology.org. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.

  15. Live Events. Live events are purchased separately and price will vary based on event. Availability of live event content may change, and availability is only guaranteed during the predetermined availability time frame.

  16. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

  17. Indemnification. You agree to defend, indemnify, save and hold harmless ACR and its subsidiaries, affiliated companies, joint partners and licensees and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site and the ACR Beyond service, including any violation or alleged violation of these Terms of Use. 

  18. Children's Privacy. None of the content and information on the College’s website is targeted toward children under eighteen (18) years of age. We make every effort possible to ensure that we do not collect or maintain information on our website from those we know to be younger than 16 unless parental consent has been obtained in writing.  If you are under the age of 18, please do not provide any Personal Information through the Site.  If you are under the age of 18 and have already provided Personal Information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such Personal Information from our files.

  19. Disclosures. ACR is an independent, professional organization that does not endorse specific procedures or products of any pharmaceutical/biotech concern. Any ACR educational content presented on the Site or the ACR Beyond service has been independently planned by the appropriate planning committee under the ACR Committee on Education. The material presented is not intended to represent the only or the best methods appropriate for the medical situations discussed, but rather it is intended to present the opinions of the authors or presenters, which may be helpful to other practitioners. Individuals participating in ACR Beyond educational content do so with full knowledge that they waive any claim they might have against the ACR for reliance on any information presented.

 

Last updated: October 24, 2017