THESE TERMS OF USE SET OUT THE TERMS AND CONDITIONS OF USE (“Terms”) OF THIS WEBSITE AND THE OTHER WEBSITES (“the Sites”) OPERATED BY ACMA LLC. AND ITS AFFILIATED COMPANIES. BY REGISTERING ON OR USING ANY OF THE SITES, YOU EXPRESSLY AND UNCONDITIONALLY ACCEPT AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO ALL OF THESE TERMS OF USE.
Our intellectual property rights
The Sites constitute our exclusive property. The Sites, and all content (other than Your Content (as defined below) and other users' content) included on the Sites, such as text, graphics, logos, names, designations, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software, is the exclusive property of ACMA and its licensors and is protected by copyrights, trademarks, trade secrets, or other proprietary rights. We grant you a personal, non-exclusive, non-transferable and revocable right to access and use the Sites, which right is conditioned on your compliance with the Terms.
You may not access or use any content on the Sites for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit or distribute any content on the Sites without the express written consent of ACMA. All rights not expressly granted in the Terms are reserved to ACMA and its licensors, and may not be exploited by you without our prior written consent.
User Content
ACMA may, at its discretion, allow you and other users to submit your content to one or more of the Sites for viewing and access by other users (such as in chat rooms or message boards). By making your content accessible to other users (as individuals and as a group), you agree in perpetuity to allow any users, free of charge and for personal use: (a) to view your content on or through the Sites and other electronic communication media (e.g. mobile phones) for the entire period in which your content is hosted on the Sites; and (b) to download and view your content on other media. If you wish to use another user's content for any other purpose, in particular for commercial use, you are responsible for obtaining the necessary advance authorization.
In addition, you authorize ACMA to reproduce and display your content via the features that enable the Sites to be accessed both on the Internet and through other electronic communication media, and to adjust your content's format as necessary for the purposes of reproduction and display. Please note that due to the nature of the Internet and digital media, data transmitted including your content cannot be protected against the risks of misappropriation and/or piracy, for which ACMA shall not be liable. You are responsible for taking all appropriate steps to protect your content, where applicable.
The Sites may include bulletin boards, blogs, chat rooms and other pages that allow you and other users to post information and materials, provide feedback or comments to ACMA and/or its Sites, and interact in real-time with other users or the Sites. You agree that ACMA and its licensees may reproduce, distribute, publish, display, edit, modify, create derivative works and compilations and otherwise use all information, text, messages, photographs, videos, member or display name and other materials posted by you (“Your Content”) for any purpose in any form and on any media. You grant ACMA a non-exclusive, worldwide, perpetual, royalty-free right and sublicensable license to reproduce and create derivative works and compilations of Your Content, in whole or in part, and to display, perform, distribute and transmit the same in any form and on any media, including via the features that enable the Sites to be accessed both on the Internet and through any other electronic communication media or technology, now known or later developed, and to adjust the format or Your Content as necessary for the purposes of reproduction, display and transmission.
By using the Sites, you agree and grant ACMA the non-exclusive, royalty-free right and sublicensable license to display, distribute and transmit third-party advertisements in connection with Your Content.
Our Obligation and Liability as Host
We are under no legal obligation to monitor content transmitted via or stored on the Sites by you or other users. Although ACMA and its affiliates may, from time to time, monitor, review and/or delete discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos and other user and member generated content on the Sites, neither ACMA nor its affiliates is under any obligation to do so. You acknowledge and agree that any discussions, articles, chats, postings, transmissions, bulletin boards, photographs, videos, opinions, advice, statements, services, offers or other user and member generated content on the Sites are those of their respective authors who are solely liable for their content. ACMA and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any content submitted to or posted on the Sites.
Our only obligation as host concerns responding to certain content that has been brought to our attention.
YOU AGREE THAT YOUR USE OF THE SITES SHALL BE AT YOUR SOLE RISK AND LIABILITY. EVERYTHING ON THE SITES IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY. ACMA, ITS AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS AND SUPPLIERS (THE “ACMA PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. ACMA PARTIES ALSO DISCLAIM ALL WARRANTIES, TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR THE CONTENT PRESENT ON THE SITES, INCLUDING BUT NOT LIMITED TO ANY MISTAKES, DEFAMATION, LIBEL, SLANDER, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER ON THE SITES. ACMA PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT THE SITES OR ITS SERVICES OR TECHNOLOGY, IN WHOLE OR IN PART, WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, INCLUDING WITH RESPECT TO THE DELIVERY OF YOUR CONTENT AND/OR ANY LIMITATIONS ON YOUR OR ANY OTHER USERS' ABILITY TO ACCESS, VIEW OR USE YOUR CONTENT OR ANY OTHER CONTENT, OR THAT ANY INFORMATION OBTAINED FROM THE SITES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT NO ACMA PARTY SHALL BE LIABLE FOR ANY DAMAGES, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITES, IN WHOLE OR IN PART, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL ANY ACMA PARTY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES, REGARDLESS OF WHETHER ANY SUCH ACMA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR DAMAGES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THESE TERMS.
Your Responsibility as User
As a supplier of content to the Sites, including but not limited to Your Content, videos, photographs, comments, or articles, you are required to comply with any laws and regulations in force. You are thus responsible for ensuring that Your Content:
does not violate the intellectual property rights of third parties (including video clips, photographs, television shows, animated and unanimated short, medium and/or feature-length films, and advertisements that you have not personally created or for which you have not obtained the necessary authorizations from third parties who hold the rights to them);
does not cause personal injury (including defamation, insults, abuse, etc.) or constitute an invasion of privacy;
is not contrary to public policy, child protection and privacy laws, or accepted moral standards;
contains no child pornography, dangerous or illegal acts (including, but not limited to, incitement to violence, animal abuse or drug abuse);
contains no sexually explicit content (including but not limited to intercourse, masturbation, sadistic or masochistic abuse, sexually explicit depiction of male or female genitalia);
is not per se illegal;
does not contain or constitute unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
does not upload, post, email, transmit or otherwise make available any material that 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;
does not interfere with or disrupt the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites; and
does not provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to § 219 of the Immigration and Nationality Act.
By uploading or disseminating images to or through the Sites, you warrant that you are not uploading any infringing material and expressly warrant that you have all necessary rights and/or authorizations from the copyright owner(s).
You also agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethically or otherwise objectionable content of any kind, including but not limited to, any content which encourages conduct that would constitute a criminal offense, violate the copyrights, trademarks, services marks or similar intellectual property rights or other rights, including invasion of privacy or rights of publicity, of others.
To be clear, ACMA neither wants nor tolerates such content. If Your Content contains such material, do not upload it to the Sites.
Failure to comply with these provisions will result in Your Content being removed and/or your account being deactivated without prior notice. In addition, ACMA reserves the right to report any violation of these provisions to applicable legal authorities and you may be personally liable to criminal sanctions applicable to the content in question (fines and/or imprisonment), in addition to any applicable civil damages.
Copyright Notifications
ACMA does not tolerate copyright infringing activities and infringement of intellectual property rights on its Sites, and will remove content uploaded by users (including Your Content) if properly notified that such content infringes on another's intellectual property rights. ACMA reserves the right also to terminate a user's account, if a user is determined to be a repeat infringer.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ACMA's copyright agent the written information specified below:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of all of the copyrighted works that you claim have been infringed upon;
A description of where the material that you claim is infringing is located on the Site, including, if possible, a URL of the specific location of the infringing material;
Information sufficient to allow us to contact you including, at a minimum, 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; and
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.
ACMA's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: ACMA LLC. Email: info@acmainfo.org
Minimum Age; Entity Users
Children under the age of 18 are not permitted to register with ACMA. It is ACMA's policy not to collect any information from anyone under the age of 18.
IF YOU ARE UNDER 18 YEARS OF AGE, DO NOT USE OR ACCESS THE SITES AT ANY TIME OR IN ANY MANNER.
If you are the parent or legal guardian of a child under 18, and that child has somehow registered with any of the Sites, please send an email to info@acmainfo.org to cancel your child's registration. In the email message, please provide your full name and address, your child's full name and address, your relationship to the child, your daytime and evening telephone numbers, your email address and a copy of your child's birth certificate or a signed statement that you are the child's parent or legal guardian. ACMA reserves the right to seek additional information to verify your identity and status in relation to the child. ACMA will use this information only to verify that you are the child's parent or legal guardian and for no other purposes.
If you are not an individual, you warrant that you have all necessary corporate or equivalent authority and power to agree to the Terms, which you agree shall be binding on the corporation, partnership, association or other entity in whose name you are registering as a user and establishing an account.
Links
As a convenience to you, the Sites may contain links to websites operated by other entities (a “Linked Site”). If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. ACMA has no responsibility to you with respect to any Linked Site and no Linked Site, regardless of the linking form (e.g. hotlinks, hypertext links, IMG links) is maintained, controlled, endorsed, monitored or otherwise governed by ACMA. Links from our Sites to any Linked Site do not constitute an endorsement by ACMA of a Linked Site, or the products, content, materials or information presented or made available by such sites. You acknowledge and agree that ACMA is not responsible for any damages or losses of you or any other person caused or alleged to have been caused by your use of any Linked Site, or from the products, content, material or information presented by or available through those sites.
Indemnification
You agree to indemnify and hold harmless ACMA, its officers, directors, employees and agents against any claim, action and/or complaint by any third party to which we may be exposed and you agree, in this regard, to accept exclusive liability for any sums, damages, costs, lawyers’ fees and court costs for which we may be held liable arising from your submission of material to the Sites or your violation of these Terms.
Choice of Venue/Law; Waiver of Jury Trial
You agree that ACMA shall be deemed to be a passive website that is based solely in New York and over which personal jurisdiction cannot be obtained, either specific or general, in any jurisdiction other than state or federal court in New York.
You agree that any dispute between you and ACMA arising out of or relating in any way to these Terms or your use of the Sites shall be interpreted in accordance with the laws of the State of New York without reference to its conflicts of laws and shall in all respects be governed, construed, applied, and enforced in accordance with the laws of New York. You also agree that any claim or dispute between you and ACMA shall be decided exclusively by a court of competent jurisdiction located in New York.
YOU HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY RIGHT YOU MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR USE OF ANY OF THE SITES.
Electronic Signatures
You agree to be bound by any affirmation, assent, communication or agreement you transmit through the Sites, including but not limited to any consent you give to receive communications from ACMA solely through electronic transmission. You agree that, when in the future you click on “I agree,” “I consent,” “Submit,” or other similarly worded “button” or entry field with your mouse, keystroke or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Amendments/Revisions
ACMA may amend or revise the Terms or any other policy of ACMA at any time and you agree to be bound by such revised Terms or policy. Any such amendment or revisions will become effective upon the date it is first posted to this site. It is your responsibility to return to the Sites from time to time to review the most current Terms and other ACMA policies. ACMA does not and will not assume any obligation to notify you of changes to the Terms or any other policy of ACMA.
Entire Agreement
These Terms and our Privacy Policy, found at incorporated herein by reference, constitute the entire agreement between ACMA and you with respect to the Sites, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the you and ACMA with respect to the Sites. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and record originally generated and maintained in printed form. If, for any reason, a court of competent jurisdiction finds any provision of the Terms or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of these Terms shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
These Terms and Conditions (“Terms”) govern access to and use of ACMAi and any other AI tools developed, licensed or co-developed by the Apotheker Group LLC DBA: Accreditation Council for Medical Affairs (ACMA), including all related websites, applications, artificial intelligence tools, learning systems, databases, content, features, services, application programming interfaces, and technology made available by Apotheker Group LLC, doing business as the Accreditation Council for Medical Affairs (“ACMA,” “we,” “us,” or “our”).
By accessing, registering for, purchasing, or using ACMAi, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms and our Privacy Policy.
If you are using ACMAi on behalf of a company, healthcare organization, educational institution, government entity, or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” and “your” include both you and the organization.
If you do not agree to these Terms, you may not access or use ACMAi or any other related ACMA AI tools.
ACMAi Platform
ACMAi is a proprietary artificial intelligence and professional-development platform designed to support medical affairs, life sciences, healthcare, pharmaceutical, biotechnology, educational, and related professional activities.
ACMAi may include, without limitation:
Features may be added, modified, suspended, or discontinued at ACMA's discretion.
Eligibility and Authorized Use
You must be at least 18 years old and legally capable of entering into a binding agreement to use ACMAi.
ACMA grants you a limited, revocable, nonexclusive, nontransferable, and nonsublicensable right to access and use ACMAi solely for your authorized internal professional, educational, or organizational purposes and only in accordance with these Terms and any applicable order form, subscription agreement, enterprise agreement, or written authorization issued by ACMA.
No ownership interest is transferred to you.
User Accounts
You are responsible for:
Accounts and login credentials may not be shared, transferred, sold, licensed, or made available to another individual unless expressly authorized by ACMA in writing.
ACMA may use technical measures to identify account sharing, abnormal access patterns, unauthorized automation, credential misuse, or other prohibited activity.
Proprietary Rights
ACMAi and all materials made available through ACMAi are owned by or licensed to ACMA and are protected by intellectual-property, trade-secret, confidentiality, unfair-competition, database, contract, and other applicable laws.
ACMA's proprietary materials include, without limitation:
Except for the limited right of access expressly granted under these Terms, ACMA reserves all rights, title, and interest in and to ACMAi.
Prohibited AI and Machine-Learning Uses
Unless ACMA provides prior express written authorization, you may not use ACMAi, ACMA content, ACMAi outputs, or any information obtained through ACMAi to:
These restrictions apply whether the information is used in original, modified, summarized, anonymized, de-identified, aggregated, transformed, embedded, tokenized, translated, or derivative form.
No Scraping or Automated Extraction
You may not use robots, crawlers, spiders, scraping tools, browser automation, scripts, bots, agents, data-mining technology, application programming interfaces, or other automated means to access, monitor, copy, extract, index, download, reproduce, or collect information from ACMAi unless expressly authorized by ACMA in writing.
You may not:
Reverse Engineering and Security Restrictions
You may not:
Confidential and Restricted Information
Certain information available through ACMAi may constitute ACMA confidential information or trade secrets.
You agree to:
Confidential information does not lose its protected status merely because it is presented through an online platform, generated by an artificial intelligence system, made available to registered users, or accessed under a paid subscription.
User Content and Inputs
“User Content” means prompts, questions, documents, files, data, text, and other materials that you submit to ACMAi.
You retain ownership of your User Content, subject to the rights granted in these Terms.
You grant ACMA a limited, worldwide, nonexclusive license to host, process, transmit, reproduce, and use User Content as reasonably necessary to:
You represent that you possess all rights and permissions necessary to submit User Content and permit ACMA to process it.
You may not submit information that:
Treatment of Customer Data
ACMA will handle personal information in accordance with its Privacy Policy and applicable agreements.
Any representations concerning whether customer inputs will be used for model training, platform improvement, analytics, or other purposes must be stated consistently in these Terms, the Privacy Policy, enterprise agreements, and product interfaces.
For enterprise customers, additional data-processing, security, confidentiality, retention, or deletion obligations may be set forth in a separate written agreement. If a separate agreement directly conflicts with these Terms, the separate agreement controls solely with respect to that conflict.
Artificial Intelligence Outputs
ACMAi may generate text, recommendations, summaries, analyses, responses, simulations, or other materials based on user inputs and available information.
Artificial intelligence outputs may:
You are responsible for independently reviewing and validating outputs before relying on or using them.
ACMA does not represent or warrant that any output is accurate, complete, unique, current, noninfringing, or appropriate for a particular purpose.
No Medical, Legal, Regulatory, Investment, or Professional Advice
ACMAi is provided for professional-development, educational, informational, and decision-support purposes.
ACMAi does not provide:
ACMAi should not be used as the sole basis for patient-care, clinical, legal, regulatory, financial, employment, or other high-impact decisions.
Users remain responsible for verifying information and consulting appropriately qualified professionals.
Healthcare and Life-Sciences Restrictions
You may not use ACMAi:
Your organization remains solely responsible for implementing appropriate medical, legal, regulatory, privacy, security, compliance, and human-review procedures.
Assessments, Certifications, and Academic Integrity
You may not copy, record, reproduce, disclose, distribute, publish, memorize for reconstruction, solicit, sell, purchase, or share ACMA assessment questions, answers, scoring criteria, simulations, or examination content.
You may not:
ACMA may invalidate scores, suspend or revoke credentials, restrict future participation, notify an employer or sponsoring organization where legally permitted, or pursue other remedies for suspected misconduct.
Feedback
If you provide suggestions, ideas, recommendations, enhancement requests, or other feedback concerning ACMAi, you grant ACMA a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free right to use and incorporate that feedback without restriction or compensation.
This provision does not transfer ownership of your separately identifiable confidential information.
Third-Party Services
ACMAi may integrate with or link to third-party services, models, websites, content, or technology.
ACMA does not control and is not responsible for third-party services. Your use of third-party services may be governed by separate terms and privacy policies.
ACMA does not guarantee the continued availability, security, performance, or accuracy of any third-party service.
Fees, Subscriptions, and Payments
Fees, subscription periods, usage limits, and payment terms will be disclosed at the time of purchase or in an applicable order form.
Unless otherwise stated:
You authorize ACMA and its payment processors to charge the applicable payment method for recurring and other authorized charges.
Monitoring and Enforcement
ACMA may monitor use of ACMAi to:
Monitoring may include access logs, usage patterns, device information, query volume, download activity, account activity, and other security-related information, subject to applicable law and the Privacy Policy.
ACMA may preserve evidence of suspected violations and cooperate with law-enforcement agencies, regulators, courts, arbitrators, service providers, or affected parties where legally permitted.
Suspension and Termination
ACMA may suspend, restrict, or terminate access immediately if ACMA reasonably believes that:
Upon termination, your right to access ACMAi ends immediately.
Provisions concerning ownership, confidentiality, restricted uses, intellectual property, disclaimers, liability, indemnification, dispute resolution, and other provisions that should reasonably survive will remain effective.
Return and Deletion
Upon expiration or termination, you must cease using ACMAi and delete or destroy unauthorized copies of ACMA materials in your possession or control.
You may not retain ACMA materials in:
At ACMA's request, you must provide written certification of deletion by an authorized representative.
Injunctive Relief
You acknowledge that unauthorized use, disclosure, extraction, reproduction, reverse engineering, distribution, or exploitation of ACMAi or ACMA confidential information may cause immediate and irreparable harm for which monetary damages may be inadequate.
Accordingly, ACMA may seek temporary, preliminary, emergency, and permanent injunctive or equitable relief, in addition to any other available remedies, without being required to prove actual damages and, to the fullest extent permitted by law, without posting a bond.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless ACMA, its affiliates, officers, directors, employees, contractors, licensors, and agents from claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable attorneys' fees arising from or relating to:
Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACMAi IS PROVIDED “AS IS” AND “AS AVAILABLE.”
ACMA DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND RESULTS.
ACMA DOES NOT WARRANT THAT ACMAi WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, COMPLETE, ACCURATE, OR SUITABLE FOR YOUR PARTICULAR USE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACMA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OPPORTUNITIES, OR ANTICIPATED SAVINGS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACMA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ACMAi OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
The limitations in this section apply regardless of the legal theory and even if a remedy fails of its essential purpose.
Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, these provisions apply to the fullest extent permitted by law.
Governing Law
These Terms are governed by the laws of the State of New Jersey, United States, without regard to conflict-of-law principles.
The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Dispute Resolution and Arbitration
Before initiating formal proceedings, the parties will attempt in good faith to resolve the dispute through written notice and informal discussions for at least 30 days.
Except for claims eligible for small-claims court and requests for injunctive or equitable relief involving intellectual property, confidentiality, security, unauthorized access, or misuse of ACMAi, any dispute arising out of or relating to these Terms or ACMAi will be resolved by binding arbitration administered by JAMS/AAA/ICDR under its applicable rules.
The arbitration will:
Judgment on the award may be entered in any court having jurisdiction.
Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND ACMA AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION.
International Use
ACMA operates ACMAi from the United States.
You are responsible for ensuring that your access and use comply with the laws of your location and any country in which you use ACMAi.
You may not access, export, reexport, transfer, or use ACMAi in violation of applicable export-control, sanctions, anti-boycott, anti-corruption, or trade laws.
ACMA may restrict access from jurisdictions, organizations, or individuals where access creates legal, regulatory, cybersecurity, intellectual-property, or enforcement risk.
Changes to These Terms
ACMA may modify these Terms periodically.
Material changes will be communicated through reasonable means, which may include posting an updated version, updating the “Last Updated” date, displaying a platform notice, or sending a communication to registered users.
Changes will apply prospectively unless otherwise required by law.
Continued use of ACMAi after the effective date of revised Terms constitutes acceptance of the revised Terms.
Electronic Communications
You consent to receive agreements, notices, disclosures, and other communications electronically.
Electronic communications satisfy legal requirements that communications be in writing to the extent permitted by law.
Assignment
You may not assign or transfer these Terms or your rights to use ACMAi without ACMA's prior written consent.
ACMA may assign these Terms in connection with a reorganization, merger, acquisition, sale of assets, financing, corporate transaction, or transfer of the ACMAi business.
Severability
If any provision of these Terms is determined to be invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.
No Waiver
Failure to enforce a provision does not constitute a waiver of that provision or any other right.
Any waiver must be expressly stated in writing by an authorized ACMA representative.
Entire Agreement
These Terms, the Privacy Policy, applicable order forms, and any other expressly incorporated agreements constitute the entire agreement concerning your use of ACMAi.
They supersede prior or contemporaneous communications concerning the same subject matter.
Contact Information
Questions concerning these Terms may be directed to:
Apotheker Group LLC
Doing Business as the Accreditation Council for Medical Affairs
Address: 800 Kinderkamack Road, Suite 206N, Oradell NJ 07649
Email: info@Acmainfo.org
Website: Www.acmalifesciences.org
Reporting Unauthorized Use
Suspected scraping, content theft, credential sharing, assessment misconduct, intellectual-property infringement, security vulnerabilities, model extraction, or unauthorized artificial-intelligence use should be reported to:
Email: info@Acmainfo.org
Please be sure to include sufficient information for ACMA to investigate the matter.
Please read the below carefully.
Refund & Cancellation Policy
The ACMA offers several certification programs, including the Board Certified Medical Affairs Specialist Program (BCMAS) and the Medical Affairs Competency Certificate Program (MACC). When applying to either of these programs, your credit card, check, or paypal account will be debited the entire amount for the program. If you are not accepted into the program, you will be refunded the entire amount minus the application fee for $79 which is non-refundable. Once you have gained access to the learning management system (LMS) there are no refunds or cancellations allowed except under rare circumstances which need to be received in writing within 30 days from the date of the first communication to the ACMA that you wish to cancel your admission into the course/program. All individual users (outside of company deployments) are provided with 6 months of access to our e-learning platform. Users may request an extension if the program is not completed within this time but the ACMA will charge an extension fee to grant additional access. Please note that enrollment in an ACMA certification, certificate or training program does not guarantee job placement. The ACMA makes no guarantees or claims that our educational programs will result in guaranteed job placement. Furthermore, you agree to not hold the ACMA liable for any outcomes or decisions made by an individual, entity or corporation based on the information obtained in an ACMA educational program or service.
Company Purchases-, there are no refunds for unused user licenses. Any unused licenses must be used within 1 year of allocation. If the license is not activated, the ACMA will provide a 90 day warning to enroll and begin the learning plan. The user must complete the learning plan within the 90 day period. The ACMA reserves the right to alter this program without prior notice.
Payment Terms
ACMA's Regulated First party is Stripe Payments Company. All fees must be paid prior to accessing any of our products or services. ACMA reserves the right to adjust fees without any prior notice in accordance with business needs. All discounted rates are subject to review and approval. If payment is made via check and the check is refunded for any reason, including insufficient funds, a $35 fee will be assessed. Late payments will incur a fee of $199 plus any applicable refund fees. If any extensions are needed, the available options are 3 months for $479 USD or 6 months for $600 USD.
Installment Agreement
By choosing the ACMA Easy Pay Plan, you agree that you will ensure that your payment method (ie., credit card, etc..) is up to date at all times. In the even that an installment payment is unable to be processed, you will be charged an administrative penalty fee of $149 and will lose access to your program content. You also agree that reactivating your account may result in further fees which you will be responsible for paying. Additionally, should your installment payment not be completed, you agree that should the matter need to be handled legally, that you will pay all legal fees including but not limited to the cost of the attorney, administrative, printing, travel and other fees associated with litigation.
International Customers
PLEASE BE ADVISED: all payments are processed in U.S. Dollars. International currencies are converted to U.S. Dollars on the date of payment. We make every effort to process the most accurate currency exchange. However, all international payments are subject to fluctuation in currency exchange rates.
Intellectual Property Policy
Unauthorized sharing of content via Internet access through the sharing of user names and passwords or the Flash Drive is restricted by law and may subject the copyright infringer to civil action. ACMA will pursue copyright infringers.
General Terms and Conditions and Other Disclaimers
The curriculum, program, and module content is subject to change as we continue to strive to improve our program content. An executed application form where the applicant is accepted constitutes a binding agreement between the ACMA and the user. The materials, including advertisement and any other information you find about ACMA programs are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or products provided through or in connection with the ACMA and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy, or non-infringement. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that ACMA is not liable for any defamatory, offensive, infringing or illegal materials or conduct, or that of third parties contained on the ACMA website, and the ACMA reserves the right to remove such materials from the ACMA website without liability. Completion of any of our educational programs does not guarantee job placement nor does it imply that recognition of our programs will result in employment of any kind. By enrolling in the ACMA educational programs, you use the program at your own risk and agree that it is for educational purposes only. The ACMA reserves the right to update its policies at any time. All individuals presented on our website are fictitious characters. Names and identifying details have been changed to protect the privacy of individuals. Please visit this page often to obtain the updated version.
Terms of Use for Uploaded Content
I hereby grant and authorize the Accreditation Council for Medical Affairs (ACMA) the right to take, edit, copy, exhibit, publish, distribute and make use of any and all content uploaded in any format (video, audio, pdf, word document, or powerpoint) to be used in and/or any lawful purpose. The authorization extends to all languages, media, formats and markets. The authorization shall continue indefinitely and the content shall be the property of the ACMA. I waive the right to inspect or approve any materials I upload in which my likeness, authorship or materials appear. I waive any right to royalties or compensation arising or related to the content uploaded. I understand and agree that these materials shall become the property of the ACMA and will not be returned. I hereby hold harmless and release the ACMA from all liability, petitions, and causes of action which I, my heirs, representatives, executors, administrators, or any other person may make while acting on my behalf or on behalf of my estate.
For Further Information please contact us at:
The Accreditation Council for Medical Affairs
800 Kinderkamack Road Suite 206N
Oradell, New Jersey 07649
United States of America
info@acmainfo.org