| 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, http://www.abecsw.org, that of the American Board of Examiners in Clinical Social Work (“ABE”), together with another website, http://www.centercsw.org, owned and operated by the Center, to you, your employees, agents, and contractors, and any other entity on whose behalf you accept the Terms (collectively “You”), subject to these Terms.
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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