1. AGREEMENT BETWEEN USER AND ASTRO
This agreement describes your rights and responsibilities with respect to your use of the ASTRO Websites, as defined herein, and any and all information available on the Websites. It also describes ways in which ASTRO may use information about you that we obtain through your use of these Websites. This is an agreement ("Agreement") between the American Society for Radiation Oncology ("ASTRO"), a non-profit corporation, and you, the user ("You" or "Your"). ASTRO's website ASTRO.ORG, and all Websites and Web services related to ASTRO, including but not limited to the sites of ARRO, RO Institute, ROhub, RT Answers, the ASTRO Radiation Oncology Career Center, Multidisciplinary Symposium in Thoracic Oncology and Multidisciplinary Head and Neck Cancer Symposium, the Web service for the Accreditation Program for Excellence ("APEx"), the PQRIwizard and all social media pages managed or run by ASTRO (the "Websites" or "Sites") are offered to You conditioned on Your acceptance of the terms, conditions and notices contained herein. Certain additional terms applicable to Your use of specific services are located below. As used herein, the collective term "Users" shall apply to ASTRO Members and other authorized users of the Sites who have login credentials. In all cases, by using the Websites, You confirm Your acceptance of, this Agreement and all such terms, conditions and notices.
ASTRO reserves the right to change the terms, conditions and notices under which the Websites are offered. You should review these terms and conditions periodically to understand the terms that govern Your use of the Websites. Your continued use of the Websites after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes. ASTRO reserves the right at any time in its discretion to modify, suspend, terminate or delete the services or content provided through the Sites (or any part thereof), and/or Your use of or access to them, with or without notice.
ASTRO reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
3. INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION
You agree to not use or disclose on the Websites any information that would violate state or federal law or regulation, or any fiduciary or contractual relationship, regarding individually identifiable health information, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA).
4. USAGE OF ASTRO WEBSITES - Restrictions, Limited License
As a condition of Your use of the Websites You represent and warrant to ASTRO that You will not use the Websites for any unlawful purpose or in any manner prohibited by this Agreement's terms, conditions and notices. In particular, You represent and warrant that You will comply with all laws, regulations and fiduciary and contractual obligations that govern your use of the Sites and the information you contribute to or obtain from the Sites.
You represent and warrant that You will not use the Websites in any manner that could damage, disable, overburden or impair the Websites or interfere with any other party's use and enjoyment of the Websites and that You will not collect or store personal data about other users of the Sites unless specifically authorized by such users. You may not use any data-mining, robots, or similar data gathering or extraction methods.
You may not use, reproduce, develop, distribute, perform, alter or make derivative works from any material, text, photos, video, audio or any other content posted by ASTRO or any other person or entity on the Websites ("Content") and may only use Content for Your own informational, personal, non-commercial purposes. Subject to all the conditions herein, ASTRO grants You a limited, non-sublicenseable license to access and use the Sites as authorized by your status and to view, copy, and print portions of the Content found on the Sites, as restricted herein. This revocable limited license, unless explicitly stated herein, may not be construed as conferring rights to any intellectual property, whether by estoppel, implication or otherwise.
The Websites may contain online communities, forums, news groups, bulletin board services and other interactive areas in which You may communicate with other Members of ASTRO or post content ("Interactive Areas"). Your use of any Interactive Areas of the Sites is at Your own risk. ASTRO is not responsible for the use or misappropriation of any materials or content that You communicate or post in the Interactive Areas. You agree to use these Interactive Areas only to post, send and receive messages and materials that are appropriate and related to the service.
You agree that in using the Sites You will not:
- Violate any applicable laws or regulations;
- Upload any material protected by intellectual
property laws, including without limitation, material protected by patent,
copyright, trademark (such as ASTRO's logo), or trade secrets, or by rights of
privacy of publicity unless You own or control the rights thereto or have
received all necessary consents;
- Falsify or delete author attributions, legal or other
proper notices or proprietary designations or identifiers indicating the
origin or source of information that is uploaded or downloaded from the
Websites or impersonate any person or entity or falsely or misleadingly state
or otherwise misrepresent Your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate
material in any form that is unlawful, harmful, threatening, abusive,
tortious, defamatory, vulgar, harassing, pornographic, libelous, blasphemous,
obscene, offensive, invasive or violative of another's rights, hateful or
racially, ethnically or otherwise objectionable;
- Publish confidential or individually identifiable
health information, including but not limited to the disclosure of information
that would violate the regulations detailed in the Individually Identifiable
Health Information section of this Agreement, State or Federal law, codes of
ethics, professional licensing requirements or any other professional
obligations with respect to confidentiality or individually identifiable
health information, including without limitation protocols for patient
- Upload viruses, corrupted data, computer code, files, programs,
malware or the like designed to interrupt, destroy or limit the functionality
of any computer software, hardware or telecommunications equipment, or
otherwise act as disruptive or destructive of files, or any other software or
information that may damage the operation of another's computer or network;
- Use the Websites for commercial purposes, including
but not limited to, advertisements, promotions, offers to buy or sell goods or
services, surveys, contests, pyramid schemes or sponsorship banners;
- Use the Websites to forward chain letters, junk mail,
spam or any other form of solicitation;
- Permit anyone other than Yourself to use Your ASTRO
User Information as described herein to access any portions of the Websites
which are restricted Users only;
- Use any name other than Your professional name,
including without limitation nicknames or impersonations;
- Forward any material or information contained in one
of ASTRO's Websites to anyone who is not an authorized User;
- Violate any of ASTRO's policies, guidelines or other
codes of conduct that are applicable to ASTRO's Websites or in particular to
one of ASTRO's Websites;
- Publish any material in any form that in the sole
judgment and discretion of ASTRO is objectionable in any way, or which
restricts or inhibits any other user from using the Sites, or which may expose
ASTRO or its affiliates or users to any harm or liability of any type; or
- Reverse engineer or otherwise attempt to derive the source code for any portion of the Sites.
You agree that nothing You may post on the Sites shall be subject to any confidentiality obligations by ASTRO, its affiliates, subsidiaries, directors, officers, employees, agents, providers or vendors. Under no circumstances will ASTRO be liable in any way for any content posted by You or for the use or disclosure of any Content found on the Sites.
By posting, submitting or otherwise contributing any material, photos or content to the Sites ("Material"), You grant ASTRO a perpetual, worldwide, non-exclusive, royalty-free, transferable and fully sublicenseable right and license to use, reproduce, modify, translate, adapt, distribute, publish, re-publish, create derivative works from and publicly display, and perform any such Material, in whole or in part, in any medium or technology throughout the world, now known or hereafter devised, including any ideas or expressions of ideas arising out of or based on the Material, without restrictions of any kind, for any purpose in ASTRO's discretion and without the requirement of any permission from or compensation or notice to You or any third-party. In connection with such Material, You represent and warrant that You own and control all of the rights to the Material that You post or submit and the use, posting or other transmission of such Material does not violate any rights or cause injury to any person or entity.
ASTRO shall have no obligation to attribute authorship of any Material to You and shall not be obligated to enforce any form of attribution by third-parties. To the extent You may have any moral rights in any of the Material posted on the Sites, You waive them and state expressly that You have no objection to the publication, use, modification, deletion, amendment and exploitation by ASTRO of any of the Material.
ASTRO has no obligation to screen or monitor ASTRO's Interactive Areas. ASTRO reserves the right at all times, in its discretion, to edit, refuse to post or to remove any information or materials from the Websites, or to terminate any online community from the Sites, regardless of whether such information, material, or online community does or does not violate this Agreement or any ASTRO policies, guidelines, or other codes of conduct that are applicable to the Websites.
ASTRO does not control, endorse or verify the Content, messages or information found in any of the Interactive Areas, and ASTRO specifically disclaims any liability with regard to such Content. Any statements made reflect only the views of their authors, and Your reliance on any such Content is at Your own risk. ASTRO's Websites may be managed or hosted by either employees or Members of ASTRO. They are not authorized ASTRO spokespersons, and their views or actions in managing or hosting ASTRO's Websites do not necessarily reflect those of ASTRO.
ASTRO is not responsible for and assumes no liability for any material or Content posted, stored or uploaded by You or any other third party, or for any claim, damage, or loss related to such material or Content. ASTRO is not responsible for and assumes no liability for any mistakes, defamation, slander, falsehoods, omissions, pornography, profanity or obscenity that You may encounter on the Sites. ASTRO is not liable for any statements, representations or Content provided by others on the Sites. Although ASTRO has no obligation to screen, or monitor the Sites or the Content, ASTRO has the discretion to remove, screen, or edit without notice any material or Content posted or stored on the Sites at any time for any reason. ASTRO is not responsible for creating any backup or archive copies of any material or Content.
ASTRO is not responsible for any injury or damage to persons or property arising out of or related to any use of the material or Content on the Sites, or arising out of or related to Your interactions or dealings with other users on the Sites.
The MyASTRO portion of the ASTRO.ORG website ("MyASTRO") is accessible only to members of ASTRO ("Members") or other authorized users. Members and the other authorized users shall be collectively referred to as "Users." All User information provided to ASTRO, including without limitation name, title, address, phone number, fax number and email address, must be reasonably current, accurate and complete and must not be misleading. If ASTRO at any time discovers any error or inaccuracy (including any misrepresentation or misleading omission) in the information You provide, ASTRO may in its discretion terminate Your right to access and use MyASTRO.
You are prohibited from circumventing or attempting to circumvent the security of the Sites.
You acknowledge that it is your responsibility alone to install anti-virus software and protection against viruses that could impact your computer or system, including but not limited to damaging, destroying, disrupting or otherwise impairing your computer's functionality or operation and/or providing unauthorized access to your system.
ASTRO will investigate occurrences which may involve violations or system or network security and may involve and cooperate with law enforcement authorities or affected parties in prosecution or litigation against users who are involved in these violations.
MyASTRO is intended by ASTRO to require a username and password to access and use. Certain areas of the Websites may require additional codes. You are solely responsible for:
- Maintaining the strict confidentiality of the
usernames, passwords and codes ("User Information") assigned to You;
- Charges, damages or losses that may be incurred or
suffered as a result of Your or Your personnel's failure to maintain the
strict confidentiality of User Information; and
- Promptly informing ASTRO in writing of any need to deactivate and replace any User Information due to security concerns.
ASTRO is not liable for any harm related to the theft of Your User Information, Your disclosure of Your User Information or Your authorization to allow another person or entity to access and use MyASTRO using Your User Information. You agree to notify ASTRO immediately as soon as You become aware of any unauthorized use of Your User Information. Notice to ASTRO under this section of the Agreement may be accomplished by conventional mail to:
American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Fairfax, VA 22031
6. CONFIDENTIALITY OF ASTRO INFORMATION
On the ASTRO Sites, You may have access to certain confidential information of ASTRO and/or third-parties who have provided information made available there and which should reasonably be understood as confidential ("Confidential Information"). You agree to maintain the confidentiality of this Confidential Information. Ownership of Confidential Information remains with ASTRO and/or any third-party providers of Confidential Information. Upon termination of Your license to use the Sites or any portion thereof or upon ASTRO's written request, you must cease use of Confidential Information and return or destroy it.
7. COPYRIGHT AND TRADEMARK OWNERSHIP AND NOTICES
Except as otherwise indicated, the Sites, all text, marks, images, logos, material, and other Content, including any ASTRO trademarks, logos, designs, graphics, information, data, files, and the selection and arrangement thereof, are the property of ASTRO or its licensors or its users and are protected by the trademark and copyright laws of the United States and other jurisdictions. ASTRO, and all other marks or names displayed on the Sites, are the registered or unregistered trademarks of ASTRO and/or its licensors and may not be copied or used without the written permission of the relevant trademark owner. The Sites and their design, appearance, graphics, and icons are owned by ASTRO and may not be copied or used without ASTRO's written permission. All other trademarks, registered trademarks, product names and company's names or logos mentioned in the Sites are property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by ASTRO. The compilation of the Content on the Websites is the exclusive property of ASTRO and is protected by the copyright laws of the United States and other countries. The Sites are © 2009-2014 ASTRO. All rights reserved.
ASTRO's Online Member Directory is: Copyright © 2000-2014 The American Society for Radiation Oncology. All rights reserved. No part of this directory may be reproduced, stored in a retrieval system or transmitted in any form or by any means, mechanical, electronic, photocopying, recording or otherwise for commercial purposes. As set forth in Paragraph 12, use of Member information or other materials contained in ROhub is subject to additional guidelines.
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 rights not expressly granted herein are reserved.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If You are a copyright owner, or act on behalf of one, and You believe that any Content on the Sites infringes upon Your copyrights, please submit a written notice which complies with 17 U.S.C. § 512 (c)(3)(A), pursuant to the Digital Millennium Copyright Act 17 U.S.C.§ 512(c)(2) to the person identified below as our Agent with the following information:
- An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright;
- A clear identification of the copyrighted work You
claim was infringed;
- A clear identification of the material You claim is
infringing and information that will enable us to locate the material on the
- Your address, telephone number and email address;
- A statement by You that You have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or
the law; and
- A statement by You, made under penalty of perjury, that the above information in Your notice is truthful and accurate, and that You are either the owner of the copyright or authorized to act on the copyright owner's behalf.
Our Agent can be reached as follows:
American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Fairfax, VA 22031
Repeat Infringer Policy
Pursuant to the Digital Millennium Copyright Act and other applicable law, ASTRO has the right to terminate, in its sole discretion, any users, subscribers, posters, or those deemed to be repeat infringers. ASTRO, in its discretion, also may limit access to the Sites and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not such activity constitutes repeat infringement.
ASTRO may forward a copy of a valid notice including Your name and email address to the person or entity alleged to have infringed Your rights. That person or entity may exercise rights of counter notification under Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
9. LINKS FROM AND TO THIRD PARTY WEBSITES AND CONTENT
Hyper-linking to the Sites for any purpose is prohibited, without the express, written consent of ASTRO.
The Sites may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to users of the Sites. Your use of any links, Third-Party Sites or Third-Party Content is at Your own risk. ASTRO has no control over and makes no claim of ownership regarding Third-Party Content or Third-Party Sites. ASTRO provides these links only as a convenience and does not endorse, adopt, sponsor, any such Third-Party Sites or Third-Party Content. It is Your responsibility to ensure that any links that You select from the Sites are free from viruses, trojans, worms or other defects. ASTRO is not responsible for any loss and/or damages that arise out of or that occur in connection with Your use or reliance on any content, products, or services available through Third-Party Sites or Third-Party Content.
The Sites may contain advertisements of third parties. The inclusion of such advertisements on the Sites does not imply an endorsement or sponsorship by ASTRO of the advertised product(s), service(s) or company. ASTRO is not responsible for the statements of such advertisers, and ASTRO makes no representations or warranties in connection with products, services, or companies advertised by third parties on the Sites. ASTRO is not responsible for any loss and/or damages that arise out of or that occur in connection with Your dealings with third party advertisers on the Sites.
11. CAREER CENTER
The ASTRO Radiation Oncology Career Center (careers.astro.org) is a third-party site that offers employers and job seekers a resource for online employment connections. The Career Center offers, among other things, the ability to upload and post resumes and letters of recommendations, a searchable database of job opportunities, and the ability for employers to search for potential candidates, post job listings, and connect with jobseekers. You acknowledge that ASTRO has no obligation to screen, edit, modify, censor, or determine the truth or legality of the job listings posted in the Career Center, or the resumes, letters of recommendation, or other content provided by jobseekers. You acknowledge that ASTRO does not and has no obligation to participate in any communications, negotiations, dealings or transactions between jobseekers, employers or other third parties with whom You come into contact through the site. ASTRO shall not be responsible for any employment decisions made by employers. ASTRO does not endorse or sponsor any employer, and ASTRO makes no representations or warranties in connection with such employers. You assume all risks associated with Your use of the Career Center and Your dealings with any employers, jobseekers, or other third parties with whom You come into contact through the Career Center site. Your use of the Career Center is subject to additional terms noted on the careers.astro.org site.
12. MEMBER BENEFITS AND SERVICES THROUGH THIRD-PARTIES
Certain benefits and services are made available to ASTRO's Members through independent third party providers. Such benefits may include travel services, discounts on products and services, including car rental discounts, enrollment in a health insurance program, and practice group discounts for the PQRIwizard, among others. These services, discount or benefit programs are not administered or endorsed by ASTRO, and ASTRO merely provides access to such programs as a convenience to its Members. ASTRO is not responsible for the practices of the independent providers and administrators of these services and benefit programs or for any dealings between You and such providers or administrators. You acknowledge that ASTRO is not responsible for any loss and/or damages that arise out of or occur in connection with Your dealings with these third party providers, or in connection with any products or services that You use, purchase or are offered through such third party providers.
13. ADDITIONAL TERMS APPLICABLE TO CERTAIN SERVICES OFFERED THROUGH THE SITES
14. WEBINARS AND COURSES
Webinars or courses may be recorded or captured by ASTRO or its agents in any media by and with the consent of ASTRO for eventual resale, or other commercial or non-commercial use. By joining or attending a webinar or course, You consent to such recording or capture of You or anything You provide.
15. PRACTICE ACCREDITATION PROGRAM
ASTRO's Accreditation Program for Excellence (APEx) endeavors to provide accurate and reliable information about its accredited organizations, but any reliance on such information is at Your own risk.
16. NO PROFESSIONAL ADVICE
The information and materials available through the Websites, including without limitation the ASTRO Interactive Areas, are for informational and educational purposes only and are not substitutes for the professional judgment of a health care professional in diagnosing and treating patients, of a lawyer providing you with competent legal advice, or other professionals whose advice is needed. Your use of the Sites does not create a professional services or any other relationship. The medical, scientific, legal and any other professional or general information included on the Websites may reflect innovations and opinions not universally shared and does not necessarily reflect the view of ASTRO. ASTRO and the Websites, including without limitation ASTRO's Interactive Areas, do not give medical, legal or other professional advice, or provide medical or diagnostic services. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE WEBSITES, INCLUDING WITHOUT LIMITATION ON ASTRO'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
17. NO ENDORSEMENT OF RADIATION ONCOLOGISTS
RTAnswers lists ASTRO members who are radiation oncologists and who have consented to be listed in this resource. ASTRO does not endorse radiation oncologists or any other professional service provider, and ASTRO makes no representations or warranties in connection with such providers. ASTRO endeavors to provide accurate and reliable information about its radiation oncologist members, but any reliance on such information is at Your own risk.
You acknowledge and agree that ASTRO shall not be held liable for any loss and/or damages that arise out of or occur in connection with Your dealings with a radiation oncologist listed in RTAnswers or his or her agents, or for any act, error, omission, representation, warranty, breach or negligence of such radiation oncologist, or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
18. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASTRO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITES AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITES 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 THE WEBSITES, INCLUDING WITHOUT LIMITATION THE WEBSITES' SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS. ASTRO PROVIDES THE WEBSITES, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS "AS IS" WITHOUT WARRANTY OF ANY KIND. ASTRO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITES, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, SOFTWARE, 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 WEBSITES IS TO DISCONTINUE USING THE WEBSITES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITES. YOU EXPRESSLY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST ASTRO, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITES OR SERVICES RELATED TO THE SITES, THE CONTENT OR ANY MATERIAL CONTAINED OR ACCESSIBLE THROUGH THE SITES. THE ABOVE LIMITATION INCLUDES ANY CLAIMS OR ALLEGATIONS RELATING TO THE INFRINGEMENT OF PROPRIETARY RIGHTS, THE INACCURACY OF ANY CONTENT OR ALLEGATIONS THAT ASTRO HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITES.
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 OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITES, WITH THE DELAY OR INABILITY TO USE THE WEBSITES OR ASTRO'S INTERACTIVE AREAS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE WEBSITES, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, 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 THE WEBSITES, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON THE WEBSITES.
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIES WARRANTIES OR THE EXCLUSION OF CERTAIN TYPES OF DAMAGES. THEREFORE, IF AND ONLY IF REQUIRED BY APPLICAPLE LAW, SOME OF THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
19. WAIVER AND INDEMNITY
YOU WAIVE ANY AND ALL CLAIMS STEMMING FROM THE USE OF THE SITES. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ASTRO FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF THE WEBSITES OR ANY MATERIAL THEREON, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS.
20. GOVERNING LAW, CONSTRUCTION AND NO ASSIGNMENT
This Agreement is governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts located in Fairfax County in Virginia in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, 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.
Rights and obligations under this Agreement which by their nature should survive will remain in full effect after termination of this Agreement including without limitation sections 2, 3, 5, 6, 7, 16, 17, 18, 19 and 20 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and ASTRO with respect to the Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and ASTRO with respect to the Sites.
You agree not to assign, transfer or sublicense Your rights as a Member or User.
Notices given by ASTRO to You will be given by a general posting on the Websites or by an email, if an email address is available, in ASTRO's discretion. Notices given by ASTRO to Members may also be given by conventional mail. Notices to ASTRO must be sent by conventional mail to: American Society for Radiation Oncology, 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031.
For any purposes not otherwise addressed, ASTRO's contact information is as follows:
American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Fairfax, VA 22031