American College of Hyperbaric Medicine, Inc. ("ACHM") makes the materials on this Website ("Site") including all information, documents, communications, files, text, graphics, and products included on this Site (collectively "Materials"), available for your use subject to the terms and conditions set forth in this document and any changes to this document made by ACHM from time to time (collectively, "Terms and Conditions"). By downloading or using any Materials, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use, access, or download the Materials.

For those Materials made available for download from this Site which are accompanied by or include an end user license agreement ("License Agreement") the License Agreement will prevail over these Terms and Conditions. Certain third party Materials made available for download from this Site will be accompanied and governed by License Agreements between you and a third party ("Third Party Agreements"). ACHM is not a party to such Third Party Agreements and ACHM's liability to you and to third parties is limited pursuant to the warranty disclaimers and limitation of liability in these Terms and Conditions. You agree not to access, use, or download the Materials unless you have read and agree with the terms of the applicable license agreement.

Limited License

ACHM authorizes you to use a single copy of the Materials solely for non-commercial personal use, provided that you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Certain items found in the Materials is specifically referenced as sample material ("Sample Material"). If such Sample Material is accompanied by a License Agreement then the terms of the License Agreement shall govern. If a License Agreement does not accompany or is not included with the Sample Material then such Sample Material shall be governed by these Terms and Conditions and you may copy, perform, display, distribute, create derivative works, modify, and sublicense through multiple channels such Sample Material (in whole or in part). Under no circumstances will content, including but not limited to, images, text, or graphics be considered Sample Material.

Ownership; Restrictions

The copyright and ownership interests in all Materials is held by ACHM and its suppliers and protected by U.S. laws and international treaty provisions. You agree not to use, copy, republish, frame, post, transfer, display, perform, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on the Materials, except as expressly allowed herein. Unauthorized use of any Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, communications regulations and statutes or other applicable laws, rules or regulations, and may subject you to civil liability and/or criminal penalties.

Term; Termination

These Terms and Conditions are effective until terminated by ACHM. ACHM may terminate these Terms and Conditions with respect to you or any other third party without notice at any time for any reason. Upon termination all rights granted in these Terms and Conditions shall immediately cease to exist and you must promptly discontinue all use of the Materials and this Site and destroy all copies of the Materials downloaded by you. In addition, in the event that we determine, in our sole discretion, that you have breached any of our Terms and Conditions, we reserve the right to terminate access to this Site and take any other action which we, in our sole discretion, deem to be appropriate. All terms that by their nature should survive termination of these Terms and Conditions will survive.

Disclaimer

You acknowledge and agree that the Materials are provided to you on an "as is" basis, without any warranty of any kind. All warranties, express or implied, including but not limited to implied warranties of merchantability, accuracy of informational content, fitness for a particular purpose, system integration, title, and non-infringement of any third party right with respect to the Materials or any services related to the Materials are expressly disclaimed to the fullest extent permitted by law.

No warranty or representation is given that the contents of the Materials will meet your requirements. Furthermore, no warranty or representation is given regarding the use or the results of the use of the Material or the accuracy of the Materials. No oral or written information or advice given by any person or entity shall create a warranty or representation or in any way increase the scope of this warranty. Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

Disclaimer of Responsibility

This website may contain information related to various health, medical and fitness conditions and their treatment, in particular, the ACHM position statements and information regarding hyperbaric medicine physiology and treatment. Such information is not meant to be a substitute for the advice provided by a professional health care provider trained in hyperbaric medicine or other professional health care provider. If you have or think you have a medical problem that may be treatable using the hyperbaric medicine methods described in this website, you should always consult a professional health care provider that specializes or is trained in the treatment of your medical problem or condition.

Trademarks

The trademarks, service marks and logos used and displayed in the Materials are registered and unregistered trademarks and service marks of ACHM and others. All other registered and unregistered trademarks used in the Materials are the property of their respective owners. You are not granted, expressly or by implication, estoppel or otherwise, any license or right to use any ACHM trademark, service mark or logo used or displayed in the Materials without the prior express written permission of ACHM. When used with ACHM's permission, all trademarks must be identified as trademarks of ACHM using the appropriate symbol (e.g., ™ or ®) at the first occurrence in the text of any published printed or electronic communications, including advertising, promotions, packaging, technical documentation, sales and marketing collateral and product labels.

Patents

ACHM's products, including products that may be available as part of the Materials, may be protected by one or more United States and/or international patents or patents pending.

Forward-Looking Statements

The Materials may contain projections or other forward-looking statements relating to future events, future products or the future performance of ACHM. Such statements are only predictions and subject to certain risks and uncertainties. Consequently, actual events or results may differ materially.

Personal Information

Information submitted to ACHM through the Site is governed by ACHM's Privacy Policy.

User Submissions

Except as provided in the Privacy Policy, no ideas, material, information or other communication you submit or post to the Site will be considered confidential or proprietary. All such material becomes the exclusive property of ACHM, which is entitled to use such material for any purpose without restriction or compensation. You are prohibited from posting or transmitting to or from the Site any unlawful, infringing, threatening, libelous, defamatory, obscene or pornographic material or any other material that would violate any law. You may not transmit data to people or other entities on mailing lists that you do not have full rights to use. You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

Links to Other Sites

ACHM makes no representations or warranties about any other site or material that you may access through links or other references on this Site. You do so at your own risk. The presence of links to non-ACHM sites or materials does not imply that ACHM endorses or accepts responsibility for the content or use of such sites or materials.

Access to Password-Protected or Secure Areas

ACHM may restrict some areas of the Site to authorized users only. Access to and use of areas of the Site that are password-protected and/or secure is restricted to such authorized users only. Unauthorized individuals attempting to access these areas may be subject to civil liability and criminal penalties.

Access to Member Services and Termination of Access

Third Party Products and Services

This Site mentions third party products and services for informational purposes. ACHM makes no recommendations or endorsements about any third party products or services.

LIMITATION OF LIABILITY 

UNDER NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ACHM OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS, THIS SITE, OR THE USE OR INABILITY TO USE THE MATERIALS, OR ANY DATA SUPPLIED THEREWITH, EVEN IF ACHM OR AN ACHM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so the above limitation or exclusion may not apply to you. 

General

This Site is controlled by ACHM from its offices within the State of Wisconsin, United States of America. ACHM makes no representation that the Materials are appropriate for use in other locations. Any claim relating to the Materials will be governed by the laws of the State of Wisconsin, notwithstanding any conflicts of law principles, and the United States of America. You and ACHM agree that and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Milwaukee County and the United States District Court Eastern District of Wisconsin with respect to any such claim. Any part of these Terms and Conditions that is unlawful, void or unenforceable will be deemed severable and will not affect the validity or enforceability of the remaining provisions. All waivers must be in writing. Any waiver or failure to enforce these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. You may not assign your rights or obligations granted under these Terms and Conditions without the prior written consent of ACHM. Any attempted assignment or transfer without such prior written consent from ACHM shall be null and void. The headings of sections of these Terms and Conditions are for convenience only and are not to be used in interpreting these Terms and Conditions. In the event ACHM is required to initiate legal proceedings to enforce any provision of these Terms and Conditions or you initiate any legal proceedings relating to these Terms and Conditions, the prevailing party shall be entitled to recover all reasonable attorneys' fees from the other party. These Terms and Conditions constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. These Terms and Conditions may only be modified by ACHM in a writing.

Chamber Directory Disclaimer

The directory of hyperbaric chambers is listed as a courtesy to our members and others who visit our website.  The listing of a chamber does not constitute or imply its endorsement, recommendation, or favoring by the ACHM. The treatment protocols for chambers vary from chamber to chamber and do not necessarily comport with our recommendations or opinions regarding best practices.

Disclaimer for Directory of Board Certified Hyperbaric Practitioners

The directory of board certified hyperbaric practitioners is listed as a courtesy to our membersand others who visit our website. The listing of a hyperbaric practitioner does not constitute or imply his/her endorsement, recommendation, or favoring by the ACHM.

Display of Products

We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed on the website are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility for such difference in color, design and details.

Miscellaneous

Contact Information

All requests for further information or for permission to reproduce any portions of the Materials should be directed to:

American College of Hyperbaric Medicine, Inc.
9875 South Franklin Drive
Franklin, WI 53132
414-858-2240