American Registry of Pathology (“ARP”) User Agreement
This User Agreement (Agreement) is a legal document. It outlines your rights and obligations as a User of this Web Site (sometimes called Site) in connection with the purchase and use of arppress.com (hereinafter “site”). By accessing this Site, you acknowledge that you have read, understood, and agree to be bound by the provisions of this Agreement. This Agreement applies to all Usersof this Site.
PLEASE READ THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING CERTAIN LIMITATIONS AND EXCLUSIONS AND A PROCEDURE FOR RESOLVING DISPUTES.
As used in this Agreement:
A. User means an individual or business that accesses or uses the Site.
B. Registration means the process of registering to access or use this Site. You are Registered when you create an account by providing a user name, password, and certain personal contact information as prompted on the Site.
C. Registration Information means the information, including user name and password, required of a User to complete the Registration process.
D. Enrollment means the process of signing up for the site. You are Enrolled, and Enrollment has occurred, when you create an account and provide the necessaryEnrollment Information.
E. Enrollment Information means the information required of a User to complete the Enrollment process. Enrollment Information includes billing information such as credit card information for the purpose of paying fees.
F. Site Content means all text, graphics, video, audio, links, communications, and other information contained on the Site.
III. Eligibility to Use the Site
To use the Site, you must be at least 18 years old. By using the Site, you represent that you are of legal age to form a binding contract, you are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction, and you agree to comply with the terms of this Agreement.
IV. Account Requirements
If you use the Site, you agree to provide accurate, current, and complete Registration Information (and, as applicable, Enrollment Information) as prompted by the Registration and Enrollment processes. You agree to promptly update the Registration Information, Enrollment Information, and any other information you provide to ARP and to keep it accurate, current, and complete. If you provide any information, or we reasonably suspect you have provided any information, that is untrue, inaccurate, not current, or incomplete, we may terminate your account and refuse all access to or use of the Site.
V. Password and Security
Upon Enrollment, you will select a user name and password. You are solely responsible for use of the Site. You must keep your password confidential so that no one else may access the Site through your account. You must notify ARP immediately upon discovering any unauthorized use of the Site or if you believe your password has been compromised.
VI. Service Access and Speed
Service speed may vary depending on your online or Internet service provider, location, line quality, inside wiring, Internet traffic, and other factors beyond our control. You acknowledge and agree that you must provide for your own access to the Internet and pay any service fees associated with such access, and that you must provide all equipment necessary for you to make such connection to the Internet, including a computer and modem.
VIII. Charges and Billing
You must make the necessary payment at the time you enroll to use the Site.
For full digital subscriptions to the Site, you will have access to the Site for a period of One (1) Calendar year from the date of enrollment. This enrollment will grant you access to all 5th Series digital content offered by ARP. You understand that you will only be allowed one concurrent user for each enrollment fee paid to ARP. Payments are non-refundable. Transfer of login information to other individuals from different IP addresses shall be considered a violation of this agreement and ARP shall reserve the right to terminate this agreement without any refund for time remaining under this agreement.
Number of licenses and cost per license shall be attached at Addendum 1 to this Agreement. User may further elect to receive hard copies of the print materials contained on the Site as outlined in Addendum 1.
For the purchase of individual publications, you will have digital access to your purchased publications as long as ARP infrastructure supports digital access.
Our website and the services provided through it are provided on an “AS IS” and “AS AVAILABLE” basis. Your use of this Site shall be at your sole risk. ARP disclaims to the fullest extent permissible by law, and you waive, all warranties of any kind, whether expressed, implied, or statutory, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, in connection of the website and your use thereof. ARP makes no warranties or representations about the accuracy or completeness of this website's content and assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of content, (ii) any unauthorized access to or use of our Site, (iii) any interruption or cessation of transmission to or from our website. (iv) any bugs, viruses, Trojan horses, or similar which may be transmitted to or through our website by any third party, (v) any errors or omissions in any content and/or (vi) any loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available through the website. You assume the entire risk of loss and damage due to your use of the website, including but not limited to the cost of repairs or corrections to your hardware or software.
X. Limitation of Liability
Your use of our website is entirely at your sole risk. ARPshall not be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses, including without limitation loss of use, data, profits, goodwill, or other intangible losses, whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of our Site.
You agree to indemnify and hold harmless ARP from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys’ fees), arising out of your acts or omissions, including claims resulting from your use of the Website.
XII. Choice of Law
The terms of this User Agreement and use of this Site is governed by the laws of the State of Maryland
XIII. Copyrights and Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of ARP and protected by U.S. and international copyright laws. Any software used on this Site is the property of ARPor its software suppliers and protected by U.S. and international copyright laws.
www.arppress.comis a trademark of ARP and may not be used in connection with any product or service that does not belong to ARP in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ARP.
XIV. Mandatory Arbitration
Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
XV. Entire Agreement
This Agreement shall constitute the entire Agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
XVI. Assignment of Rights
The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.
XVII. PRIVACY STATEMENT
A. ARP does not collect personally identifiable information about individuals who visit our Site except when the information is specifically provided on a voluntary basis. Personally identifiable information on Users will not be sold or otherwise transferred without the approval of the User. ARP reserves the right to contact a User regarding account status, changes to the Agreement and other matters relevant to the use of the Site.
C. Credit Card Purchases: Information provided for your purchase (including billing name, billing address, telephone number, and fax number) will not be shared or sold to anyone outside of ARPnor to any third party. Payment information (such as credit card numbers and expiration dates) is treated confidentially and will not be shared with anyone except the financial institutions used to process payments.
This Agreement is effective for the term of your access (i.e., one year from the date of subscription enrollment for full subscription) or until terminated by ARP at any time without notice. If the Agreement is terminated by ARP without cause, then a prorated amount of the subscription fee shall be refunded to the User. If the Agreement is terminated for cause by ARP, there shall be no refund. In the event of termination, the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
XIX. Contacting Us
If you have any questions about this privacy statement, the practices of this Site, or your dealings with this Site, you can contact: