Terms of Use

Last Updated: June 3rd, 2024

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, and other online services where a link to these Terms appears including, but not limited to, our education and training platform the Center for Affiliated Learning (“the CAL”) and armsconnect.org (collectively, our “Services”) provided by Affiliates Risk Management Services, Inc. and its subsidiaries and affiliated companies on which a link to these Terms appears.  (“ARMS,” “we,” “our” or “us”).  By clicking to indicate your acceptance and/or accessing or using the Services, you agree to these Terms.  If you do not agree to these Terms, do not access or use our Services.  Certain Services may have additional terms, guidelines and rules which will be presented to you prior to using such Services, and such additional items are incorporated into and subject to these Terms.

ARMS is a not-for-profit corporation and our Services are targeted to other businesses and not intended for consumers.

Accessibility: If you are having any trouble accessing these Terms or the Services, please contact us at 212-261-4363. Our hours of operations are: Monday through Friday, 9:00 a.m. to 7:00 p.m. eastern time.

In addition to these Terms, additional terms may apply to specific features, products, or services.  To the extent any additional terms conflict with these Terms, the additional terms govern with respect to your access to or use of the applicable feature, product, or service. 

We may make changes to these Terms from time to time.  If we make changes, we will provide notice of such changes, such as by sending an email notification, providing notice through our Services, or posting the amended Terms to our Services and updating the “last Updated” date above.  Unless we say otherwise in our notice, the amended Terms will be effective immediately and your continued access to and use of our Services after we provide notice will confirm your acceptance of the changes.

If you do not agree to the amended Terms, you must stop accessing and using our Services.

1. Eligibility

You must be at least 18 years of age to access or use our Services.  If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.    

2. User Accounts and Account Security

You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes.  You also must maintain the security of your account and may not allow any other person to use your account credentials.  You must promptly notify us if you discover or suspect that someone has accessed your account without your permission.  By accessing and using the Services, you represent and warrant that you (a) have not previously been suspended or removed from the Services; (b) do not have more than one account with us; and (c) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.

3. Electronic Communications

By creating an account, you also consent to receive electronic communications from ARMS (e.g., via email or by notices posted on our Services).  These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us.  You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. 

4. Privacy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

5. User Content

Our Services may allow you and other users to create, post, store, and share content, including messages, texts, photos, audio recordings, videos, and other materials (collectively, “User Content“).  By posting or submitting User Content on the Services, you represent and warrant that you own or otherwise have permission to all the rights necessary for you to post or submit such User Content on the Services. Except for the license you grant below, you retain all rights in and to your User Content, as between you and ARMS.  If you feel someone has posted User Content in a manner that infringes your copyright, please contact us pursuant to the process set forth below in the Copyright Complaints section.

You grant ARMS a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, and sub-licensable license to use, reproduce, modify, adapt, publish, create derivative works form, distribute, publicly perform and display your User Content and any name or likeness provided in connection with your User Content in all media formats and channels now known or later developed, except not for commercial purposes, without compensation to you.  When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username) will be visible to ARMS or other users of our Services.  Notwithstanding the foregoing, we will not publicly share your User Content when the context for providing such content makes it reasonably understood that the information should be kept confidential, such as information on insurance applications or forms, including the Annual Affiliate Service Census (AASC).  Such content will be kept confidential by us and only used for purposes intended by the parties.  You may not create, post, store, or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. Although we have no obligation to screen, edit, or monitor User Content, we may delete or remove User Content at any time and for any reason.

6. Prohibited Conduct and Content

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services.  You will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from that user and ARMS;
  • Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services in any manner;
  • Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
  • Attempt to circumvent any controls, techniques or security settings we employ or attempt to access any feature or area of our Services that you are not authorized to access;
  • Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; or
  • Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.

You may also only post or otherwise share User Content that you have all necessary rights to disclose.  You may not create, post, store or share any User Content that:

  • Is unlawful, libelous, misleading, false, defamatory, vulgar, inappropriate, harmful, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law;
  • May infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  • Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • Impersonates, or misrepresents your affiliation with, any person or entity;
  • Contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • Contains any private or personal information of a third party without such third party’s consent;
  • Contains any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; or
  • Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose ARMS or others to any harm or liability of any type.

In addition, although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason.

7. Limited License; Copyright and Trademark

Our Services, all educational and training courses, including but not limited toCME/CE-eligible Courses (defined below) (collectively, “Courses”), and the text, graphics, images, photographs, audio clips, videos, illustrations, software, trademarks, trade names, service marks, logos, slogans and other content contained therein (collectively, the “ARMS Content”) are owned by or licensed to ARMS and are protected under both United States and foreign laws.  Except as explicitly stated in these Terms, ARMS and our licensors reserve all rights in and to our Services and the ARMS Content.  You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and ARMS Content for your educational, informational, noncommercial, professional and own personal use and will not provide access to any other individuals or entities; however, such license is subject to these Terms and does not include any right to (a) sell, resell, lease, rent, transfer, lend, exploit, or commercially use our Services or ARMS Content; (b) copy, reproduce, distribute, adapt, translate, publicly perform, or publicly display ARMS Content, except as expressly permitted by us or our licensors; (c) modify, adapt or translate the ARMS Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or ARMS Content; (d) use any data mining, crawlers, spiders, robots, or similar data gathering or extraction methods except as expressly permitted by ARMS; (e) download, index, or in any non-transitory manner store or cache any portion of our Services or ARMS Content; (f) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with our Services or ARMS Content; (g) create or attempt to create a substitute or similar service through the use of our Services or access to ARMS Content; and (h) use our Services or ARMS Content other than for their intended educational purposes.  Any use of our Services or ARMS Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein.  Except as explicitly stated herein, nothing in these Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise.  Any rights not expressly granted by these Terms are reserved.

8. Third-Party Content

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content.   Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.  ARMS does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content and your access to and use of such Third-Party Content is at your own risk.

9. Hyperlinks

You may create a text hyperlink to our Services for noncommercial purposes, provided such link does not portray ARMS or any of its services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable.  This limited permission may be revoked at any time.   You will not use the ARMS logo or other proprietary graphic of ARMS to link to our Services without the express written permission of ARMS.  Further, you will not use, frame or utilize framing techniques to enclose any ARMS trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page on our Services without our express written consent.  Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of ARMS or any third party. 

10. Feedback

Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit about ARMS or our products or Services, through surveys, polls, evaluations, or otherwise (collectively, “Feedback”), is non-confidential and will become the sole property of ARMS.  We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

11. Copyright Complaints

We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify ARMS’s Designated Agent as follows:

Designated Agent: Office of General Counsel

Address: Affiliates Risk Management Services, Inc.

800 Third Avenue

18th Floor

New York, New York 10022

Telephone Number: 212-261-4373

E-Mail Address: [email protected]

All copyright complaints must include:

(i)           A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)          Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)         Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(iv)         Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)          A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)         A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.

12. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless ARMS  and our respective officers, directors, agents, partners and employees (individually and collectively, the “ARMS Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Services or other ARMS Content; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Services.  You agree to promptly notify ARMS Parties of any third-party Claims, cooperate with ARMS Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees).  You also agree that the ARMS Parties will have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and ARMS or the other ARMS Parties.

13. Disclaimers

Through the Services, we provide certain educational and training courses to enable qualifying users to obtain Continuing Medical Education and Continuing Education certificates in accordance with ARMS’ policies and procedures for accreditation (collectively, “CME/CE-eligible Courses”). ARMS Content including, but not limited to, CME/CE-eligible Courses, is not intended to constitute medical, legal, insurance, risk quality/management, accounting, tax, financial or other professional advice from a medical doctor, attorney, accountant, or other professional advisor. ARMS Content may identify diagnostic measures, treatment alternatives and drug dosages that conform to the standards of medical professional practice prevailing at the time such ARMS Content is published on the Services. However, ARMS Content is no substitute for an individual patient assessment based upon factors unique to a particular patient, and should be used by healthcare professionals only as a general guide in determining the best course of treatment for each individual patient. No ARMS Content, including, but not limited to, CME/CE-eligible Courses, is intended to serve as a substitute for your own clinical judgment. Review of completion of Courses should not be interpreted as certification of competence for any clinical skills. New methods and techniques involving the use of medical devices or drugs which may be described within the ARMS Content should only be followed in conjunction with the manufacturer’s own published literature. Standards and practices in medicine can change as new information becomes available. While ARMS uses reasonable efforts to periodically update the ARMS Content, ARMS does not guarantee the timeliness or accuracy of any ARMS Content.  

We do not control, endorse, or take responsibility for any User Content or Third-Party Content available on or linked to by our Services.

Your use of and reliance on our Services, including, but not limited to, the Courses, is at your sole risk. Our Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.  In addition, ARMS does not represent or warrant that our Services are accurate, complete, reliable, current, or error-free. While ARMS attempts to make your access to and use of our Services safe, we cannot and do not represent or warrant that our Services or servers are secure and free of viruses, infections, worms, Trojan horses, other code that contains contaminating or destructive properties, or other harmful components or that our Services will be uninterrupted.  You understand and you agree that you are solely responsible for implementing sufficient precautions, procedures and checkpoints to satisfy your own requirements for the accuracy of data input and output, and content for the reconstruction of any lost data.  We do not assume the responsibility for the loss of any information, data, or other materials resulting from your use of the Services.  You assume the entire risk as to the quality and performance of the Services.    

14. Limitation of Liability

ARMS and the other ARMS Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, equity, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages, lost profits, or loss of data arising out of or in any way connected with the use of or inability to use the Services, including, without limitation, any damages caused by or resulting from reliance by a user on any User Content or ARMS Content, mistakes or omissions contained within any User Content or ARMS Content, interruptions, errors, defects, viruses, delays in operation or transmission or any failure of performance, communications failure, theft, or any destruction or unauthorized access to the Services, even if ARMS or the other ARMS Parties have been advised of the possibility of such damages.

The total liability of ARMS and the other ARMS Parties, for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of (1) the amount paid by you to ARMS to access or use our Services during the past twelve (12) months or (2) one hundred dollars ($100), and regardless of whether ARMS has been advised of the possibility of any loss or damage.

The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of ARMS or the other ARMS Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

15. Release

To the fullest extent permitted by applicable law, you release ARMS and the other ARMS Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.  You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

16. Governing Law and Venue

These Terms and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of NEW YORK, without regard to conflict of law rules or principles (whether of NEW YORK or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.  Any dispute between the parties will be resolved in the state or federal courts of NEW YORK and the United States, respectively, sitting in NEW YORK COUNTY, NEW YORK.

17. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services.  We are not responsible for any loss or harm related to your inability to access or use our Services.  

18. Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

19. Miscellaneous

These Terms constitute the entire agreement between you and ARMS relating to your access to and use of our Services.  The failure of ARMS to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision.  The section titles in these Terms are for convenience only and have no legal or contractual effect.  Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.

20. Questions

If you have any questions about these Terms or our Services, please contact us at [email protected].