The American College of Surgeons (ACS) Evidence-Based Decisions in Surgery modules (the “Modules”) are designed to be used, along with a surgeon’s analysis, to provide decision support, provide patient education and facilitate patient-focused interaction.  Any individual accessing the Modules is a “User.” 

By accessing the Modules, Users accept and agree to all conditions of these terms (“Terms”).  ACS reserves the right to modify the Terms.  User agrees to review the Terms periodically to ensure awareness of any modifications.  User’s continued access or use of the site after modifications have become effective shall be deemed conclusive acceptance of the modified terms.

1. Intended Scope of Modules

   ACS cannot provide personal medical advice; patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment and potential outcomes related thereto.

2. Disclaimer and Limitation of Liability

   Although ACS has attempted to provide accurate information in the Modules, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions in that information.  ACS SHALL HAVE NO LIABAILITY FOR ANY TREATMENT OR FAILURE TO PROVIDE TREATMENT OR FOR ANY OTHER MEDICAL DECISIONS MADE BY USERS BASED UPON THE PROGRAM OR CONTENT OR INFORMATION FROM THE PROGRAM.  THE PROGRAM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED.  NEITHER ACS NOR ITS AFFILIATES, EMPLOYEES, AGENTS, OR THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE MODULES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   User understands and agrees that he or she is personally responsible for his or her use of the Modules.  User agrees to indemnify, defend, and hold harmless ACS, its directors, officers, employees, agents, and assigns from and against all losses, expenses, damages, costs (including, but not limited to, direct, incidental, consequential, exemplary, punitive, and direct damages), reasonable attorneys’ fees, resulting from or arising out of the User’s use, misuse, or inability to use the Modules or any violation by the User of this Agreement.

3. Intellectual Property

   ACS is the sole and exclusive owner of the Modules and all intellectual property rights therein.  All product names, logos, and service marks, whether or not appearing in large print or with the trademark symbol, are trademarks of ACS or third-parties unless otherwise noted.  Unauthorized use of the Modules or trademarks may violate copyright laws, regulations and statutes.

4. Miscellaneous

   The provisions in this Section and the provisions found in Sections 1-3 shall survive termination or expiration of this Agreement for any reason whatsoever.  This Agreement will be governed by the laws of the State of Illinois, without regard to its choice of law provisions. User agrees that any action arising out of or relating to this Agreement may be brought only in a court of competent jurisdiction in Cook County, Illinois, and consents to the jurisdiction, venue and convenience of such courts.  This Agreement constitutes the entire agreement between ACS and User regarding the subject matter hereof.  Any previous agreement, whether oral or written, between ACS and User dealing with the subject matter hereof is superseded.  Users are responsible for compliance with all applicable local laws.