1. AGREEMENT BETWEEN USER AND ASTRO
This is a binding agreement ("Agreement") between the American Society for Radiation Oncology, Inc., a non-profit corporation ("ASTRO") and you, the user ("You" or "Your"). ASTRO’s Web Site is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By accessing ASTRO’s Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
4. ASTRO WEB SITE USAGE
As a condition of Your use of the ASTRO Web Site, You represent and warrant to ASTRO that You will not use the ASTRO Web Site for any unlawful purpose or in any manner prohibited by this Agreement. You represent and warrant that You will not use the ASTRO Web Site in any manner which could damage, disable, overburden or impair the ASTRO Web Site or interfere with any other party’s use and enjoyment of the ASTRO Web Site.
5. PERSONALLY IDENTIFIABLE PATIENT DATA
Unless prior written individual authorization is obtained, You agree to not use or disclose on ASTRO's Web Site any health information that identifies, or with respect to which a reasonable basis exists to believe that the information can be used to identify, an individual. Health information identifies an individual or creates a reasonable basis to identify an individual if: (1) it is created by or received from a health care provider, health plan, employer or health care clearinghouse; and (2) it relates to the past, present or future physical or mental health or condition of the individual, the provision of health care to the individual, or the past, present or future payment for the provision of health care to the individual.
Health information that identifies or creates a reasonable basis to identify an individual includes the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, email addresses, social security number, medical record number, health plan beneficiary number, account number, certificate or license number, any vehicle or other device serial number, web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, radiographic images or other diagnostic images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have reason to believe may be available to an anticipated recipient of information.
Health information may be used or disclosed without written individual authorization only in the very narrow circumstances, including where it has been de-identified by eliminating the specified identifying information listed above and You have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that You shall be solely responsible for any such determination and agree to indemnify ASTRO for the consequences of such determination and for any information posted by You on ASTRO's Web Site should the subject of such information believe it identifies such individual.
In the event that Federal or state requirements protecting individual health information are more restrictive than these laws and regulations discussed in this Agreement apply to Your use of ASTRO's Web Site, You agree to abide by such requirements in using or disclosing such information.
6. COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT
All contents of the ASTRO Web Site are: Copyright © 2000 – 2005 The American Society for Radiation Oncology. All rights reserved.
The content of the ASTRO Web Site is proprietary to ASTRO and is protected by the copyright laws of the United States and other countries. The compilation of the content on the ASTRO Web Site is the exclusive property of ASTRO and is protected by the copyright laws of the United States and other countries.
ASTRO does not claim ownership of the individual materials or information You may provide to ASTRO, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to ASTRO’s Web Site.
However, if You provide such materials or information to ASTRO:
- You warrant and represent that You own or otherwise have all of the rights in and to Your materials or information including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the materials or information; and
- You grant ASTRO, its affiliated entities and sublicensees a non-exclusive, perpetual, worldwide, royalty free, fully paid up and irrevocable license to use Your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish Your name in connection with Your materials or information. ASTRO will not pay You compensation with respect to any use of Your materials or information.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the ASTRO Web Site, without the prior written permission of ASTRO. For information, address The American Society for Radiation Oncology, 12500 Fair Lakes Circle, Suite 375, Fairfax, Virginia 22033-3882.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to ASTRO’s names, logos, logotypes, trade dress, designs, or other trademarks.
Any and all rights not expressly granted herein are reserved.
7. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ASTRO THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS. ASTRO does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ASTRO’s Designated Agent.
Written notification must be submitted to the following Designated Agent: Service Provider(s): The American Society for Radiation Oncology Name of Agent Designated to Receive Notification of Claimed Infringement: Amy Kapinus Full Address of Designated Agent to Which Notification Should be Sent: The American Society for Radiation Oncology 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031 Telephone Number of Designated Agent: 703-502-1550 Facsimile Number of Designated Agent: 703-502-7852 E-mail Address of Designated Agent: email@example.com
To be effective, the Notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. 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; 3. 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 the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider 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; 5. 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 6. 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.
8. LINKS TO THIRD PARTY WEB SITES
ASTRO’s Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of ASTRO, and ASTRO is not responsible for the contents of any third party Web Site, and the inclusion of any link is as a convenience and does not imply endorsement by ASTRO of the site or any association or relationship with its operators.
9. NO PROFESSIONAL ADVICE
The information and materials available through the ASTRO Web Site is for information and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The medical, scientific and general information included on the ASTRO Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of ASTRO. ASTRO and ASTRO’s Web Site does not give medical advice, or provide medical or diagnostic services. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE ASTRO WEB SITE IS SOLELY AT YOUR OWN RISK.
ASTRO reserves the right in its sole discretion to terminate Your access to any or all of the ASTRO Web Site at any time without notice for any reason whatsoever. Sections 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
11. COMPLIANCE WITH APPLICABLE LAWS
ASTRO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
12. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY
THE INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ASTRO WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON ASTRO’S WEB SITE. ASTRO MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE ASTRO WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE ASTRO WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
ASTRO MAKES NO REPRESENTATIONS ABOUT ASTRO’S WEB SITE, INCLUDING WITHOUT LIMITATION ASTRO’S WEB SITE’S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS. ASTRO PROVIDES ASTRO’S WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. ASTRO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO ASTRO’S WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ASTRO WEB SITE IS TO DISCONTINUE USING THE ASTRO WEB SITE. ASTRO IN NO EVENT UNDER ANY CIRCUMSTANCES WHATSOEVER SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF, INCIDENTAL TO OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ASTRO WEB SITE, WITH THE DELAY OR INABILITY TO USE THE ASTRO WEB SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE ASTRO WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE ASTRO WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ASTRO HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO IN PARTICULAR, IN NO EVENT SHALL ASTRO BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON ASTRO’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON THE ASTRO WEB SITE.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to You.]
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS ASTRO, ITS SUCCESSORS, AFFILIATES, AND ASSIGNS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF ASTRO’S WEB SITE, INCLUDING WITHOUT LIMITATION INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS. ASTRO WILL NOTIFY YOU PROMPTLY OF ANY CLAIM FOR WHICH ASTRO SEEKS INDEMNIFICATION AND WILL AFFORD YOU THE OPPORTUNITY TO PARTICIPATE IN THE DEFENSE OF SUCH CLAIM, PROVIDED THAT YOUR PARTICIPATION WILL NOT BE CONDUCTED IN A MANNER PREJUDICIAL TO ASTRO’S INTERESTS, AS REASONABLY DETERMINED BY ASTRO.
14. GOVERNING LAW
This Agreement is governed by the laws of the State of Virginia, USA, without reference to its conflicts of laws rules. You hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of ASTRO’s Web Site.
15. NO RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between You and ASTRO as a result of this Agreement or use of ASTRO’s Web Site.
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
17. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and ASTRO with respect to ASTRO’s Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and ASTRO with respect to ASTRO’s Web Site.
18. ASTRO CONTACT INFORMATION
Webmaster: Amy Kapinus
The American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive, Suite 500
Fairfax, VA 22030
Notices given by ASTRO to You will be given by a general posting on ASTRO’s Web Site or by an e-mail, if an e-mail address is available. Notices to ASTRO must be sent by conventional mail toAttention:
The American Society for Radiation Oncology, 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, Virginia 22030.
ASTRO may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights or obligations under this Agreement.