1. AGREEMENT BETWEEN USER AND ASTRO
This is a binding agreement ("Agreement") between the American Society for Radiation Oncology, a non-profit corporation ("ASTRO") and you, the user ("You" or "Your"). ASTRO’s website ASTRO.ORG, and all websites related to ASTRO, including but not limited to the sites of ARRO, RO Institute, ROhub, RTAnswers, Multidisciplinary Symposium in Thoracic Oncology and Multidisciplinary Head and Neck Cancer Symposium (the “Websites” or “Sites”) are offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By using the Websites, You confirm Your acceptance of, and agree to be bound by, 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 non-termination or continued use of the Websites after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes.
3. PERSONALLY IDENTIFIABLE PATIENT INFORMATION
Unless prior written individual authorization is obtained, You agree to not use or disclose on the Websites, 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:
- It is created by or received from a health care provider, health plan, employer or health care clearinghouse; and
- 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, but is not limited to, 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 circumstance 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 the Websites should the subject of such information believe it identifies such individual.
In the event that federal or state requirements protecting individual health information that are more restrictive than these regulations in this section of the Agreement apply to Your use of the Websites, including without limitation ASTRO's Interactive Areas, You agree to abide by such requirements in using or disclosing such information.
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 and regulations that govern confidential or personally identifiable patient information, including without limitation gathering, transmitting, using, disclosing, or storing such patient information. You also agree to comply with the requirements detailed below in the Personally Identifiable Patient Information section of this Agreement.
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.
The ASTRO Members Only portion of the ASTRO.ORG website ("Members Only Site") is accessible only to members of ASTRO ("Members") or other authorized users. All Member information provided to ASTRO and posted on the ASTRO.ORG website, including without limitation name, title, address, phone number, fax number and email address, must be reasonably current, accurate and complete. If ASTRO at any time discovers any error or omission in the information You provide, ASTRO may in its sole discretion terminate the right to access and use the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your ASTRO Member information to access any portions of the Sites that are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You or ASTRO as a result thereof.
You may not use, reproduce, develop, distribute, perform, 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”). Subject to all the conditions herein, ASTRO grants You a limited, non-sublicenseable license to access and use the Sites and to view, copy, and print portions of the Content found on the Sites, as restricted herein. This license is conditioned upon the following: (a) You may only view, use, copy, or print any Content for Your own informational, personal, non-commercial purposes; (b) You may not modify or make derivative works of or from the Content; (c) You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Sites or on or in connection with Content; (d) You may not use any data-mining, robots, or similar data gathering or extraction methods; and (e) You may not reproduce, distribute, redistribute, broadcast, perform, or display the Sites or any Content except, as provided herein. Except as expressly permitted above, any use of any portion of the Sites or Content without the prior written permission of ASTRO is strictly prohibited and will terminate the license granted herein. Any use of the Sites or Content that has not been authorized also may violate applicable laws, including copyright and trademark laws. This limited license, unless explicitly stated herein, may not be construed as conferring rights to any intellectual property, whether by estoppel, implication, or otherwise. This license is revocable by ASTRO at any time, for any reason, in its sole discretion.
The Websites may contain chat areas, 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 expressly agree that in using the Interactive Areas You will not:
a. Violate any applicable laws or regulations;
b. 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;
c. 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;
d. 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 of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable;
e. Publish confidential or personally identifiable information, including but not limited to the disclosure of information that would violate the regulations detailed below in the Personally Identifiable Patient 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 personally identifiable information, including without limitation protocols for patient information;
f. Harass, abuse, threaten or otherwise violate any legal rights of others or post any material in any form that would constitute, encourage, insight, or abet any criminal offense, or violate any party’s rights, or that would otherwise create any liability or violate any local, state, federal, or international law, including without limitation, the regulations of any agency of the United States or any of its states;
g. Upload viruses, corrupted data, computer code, files, programs, 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;
h. 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;
i. Use the Websites to forward chain letters, junk mail, spam, or any other form of solicitation;
j. Permit anyone other than Yourself to use Your ASTRO Member information to access any portions of the Websites which are restricted to Members only;
k. Use any name other than Your professional Member name, including without limitation nicknames or impersonations;
l. Forward any material or information contained in one of ASTRO’s Web Services to anyone who is not a Member of ASTRO;
m. 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 Web Services.
n. Publish any content that would harm minors in any way, including without limitation, uploading, posting, distributing, submitting, emailing, transmitting, or otherwise making available any content that violates child pornography laws or child sexual exploitation laws;
o. 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
p. Reverse engineer or otherwise attempt to derive the source code for any portion of the Sites.
By using and viewing the Sites, You represent and warrant that Your use of the Sites and the Content found on the Sites will be consistent with this license and will not violate the rights of any other party, including intellectual property rights, or breach any contract, obligation, or duty You may have to other parties, or violate any applicable law.
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, 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, photos or content, 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 content, without restrictions of any kind, for any purpose in ASTRO’s sole discretion and without the requirement of any permission from or compensation or notice to You or any third-party. In connection with such material, photos or content, You represent and warrant that (a) You own and control all of the rights to the material, photos or content that You post or submit, or You have the right to distribute or otherwise post such material, photos or content to or through the Sites, (b) that the material, photos or content is or are accurate and not misleading, and (c) the use or posting or other transmission of such material, photos or content does not violate any rights or cause injury to any person or entity. ASTRO may but is not obligated in its sole discretion, delete, edit, modify, reject, or refuse to post all or a part of the material, photos or content that You submit to the Sites. ASTRO shall have no obligation to attribute authorship of any material, photos or content 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 materials, photos or content posted on the Sites, You waive any such rights and state expressly that You have no objection to the publication, use, modification, deletion, amendment, and exploitation by ASTRO of any of the material, photos or content, and You agree to waive and not to claim or assert any entitlement to any and all moral rights that You might have.
ASTRO has no obligation to screen or monitor ASTRO’s Interactive Areas; however, ASTRO reserves the right to review information or materials posted to any of the Websites and to remove any such information or materials in its sole discretion. ASTRO reserves the right at all times, in its sole 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 or endorse the Content, messages or information found in any of the Interactive Areas, and ASTRO specifically disclaims any liability with regard to such Content. ASTRO does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided in the Interactive Areas. Any statements made reflect only the views of their authors, and Your reliance on any such Content is at Your own risk. ASTRO’s Web Services will be managed or hosted by either employees or Members of ASTRO, who 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 Members on the Sites.
The Members Only Site is intended by ASTRO to require a userID 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 userIDs, passwords and codes ("Member 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 Member Information and
- Promptly informing ASTRO in writing of any need to deactivate and replace any Member Information due to security concerns.
ASTRO is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify ASTRO immediately as soon as You become aware of any unauthorized use of Your Member 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. 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 © 2009-2013 ASTRO. All rights reserved.
ASTRO's Online Membership Directory is: Copyright © 2000-2013 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 without the prior written permission of ASTRO. Notwithstanding the foregoing, ASTRO Members are permitted to access and download the names of one or more other Members, but not the entire Membership Directory list, for purposes of contacting such Members. For information, address The American Society for Radiation Oncology, 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031.
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.
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 EMAIL ABUSE AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
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 notice, 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 Sites;
- 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 sole 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.
8. LINKS TO THIRD PARTY WEBSITES
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.
10. CAREER CENTER
The ASTRO Radiation Oncology Career Center (careers.astro.org) 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. ASTRO reserves the right to remove any job listing, resume, letter of recommendation, or other content posted in the Career Center, in ASTRO’s sole discretion. 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 is neither an employer nor a hiring agency with respect to the Career Center and 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.
11. MEMBER BENEFITS
Certain benefits are made available to ASTRO’s Members through independent third party providers. Such benefits may include discounts on FedEx services, car rental discounts, enrollment in a health insurance program, and practice group discounts for the PQRiWizard. These benefit programs are not administered 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 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.
12. TRAVEL INFORMATION
From time to time, the Sites may display information about travel and travel and accommodation service providers in connection with conferences or meetings sponsored by ASTRO. In conjunction with a third party partner, ASTRO also may facilitate travel reservations in connection with conferences or meetings. These services are provided solely for the convenience of ASTRO’s Members and meeting attendees. ASTRO does not endorse, sponsor or adopt any travel or accommodation service provider, and ASTRO makes no representations or warranties in connection with such providers. ASTRO is neither a travel agent nor a supplier of travel, hotel, or transportation services. You acknowledge and agree that ASTRO shall not be liable for any act, error, omission, representation, warranty, breach, or negligence of any travel or accommodation service provider, its employees or its agents, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. Such travel and accommodation service providers render their services in accordance with their own terms and conditions, some of which may limit or exclude their liability to You. ASTRO encourages You to investigate the terms and conditions of such travel and accommodation service providers prior to travel booking.
13. WEBINARS AND COURSES
Your purchase of webinar or course attendance through the Sites is for use by You only. Any registration information and/or materials associated with the webinar(s) or course(s) may not be forwarded to third parties. Webinars or courses may be captured in any media by and with the consent of ASTRO, and by joining or attending a webinar or course, You consent to such capture.
14. ACCREDITATION PROGRAM
ASTRO’s Accreditation Program for Excellence (APEX) provides radiation oncologists with objective reviews, performance feedback, focused results and measurement of important elements of the provision of radiation therapy in order to improve quality and safety in the field of radiation oncology. ASTRO endeavors to provide accurate and reliable information about its accredited organizations, but any reliance on such information is at Your own risk. In no event shall ASTRO be held liable for any loss and/or damages that arise out of or occur in connection with Your dealings with an organization accredited by ASTRO, or for any act, error, omission, representation, warranty, breach, or negligence of such organization, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
15. ASTRO PAC
ASTRO PAC is a federal political action committee. Your contributions to ASTRO PAC are not deductible for federal tax purposes. Federal law prohibits soliciting contributions from those outside of the "restricted class" of ASTRO, and any such contributions will be returned to the donor. Contributions from foreign nationals, corporations, or labor organizations are prohibited. ASTRO PAC supports federal candidates by making political contributions to campaigns. Contributions to ASTRO PAC are entirely voluntary on Your part, and You have the right to refuse to contribute to ASTRO PAC without reprisal. Any suggested contribution levels are merely suggestions: You may contribute more or less than the suggested amounts or not at all. ASTRO will not favor or disadvantage anyone by reason of the amount of their contribution or decision not to contribute.
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 healthcare professional in diagnosing and treating patients. Your use of the Sites does not create a professional services or any other relationship. The medical, scientific and 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 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. ADDITIONAL TERMS APPLICABLE TO CERTAIN SERVICES OFFERED THROUGH THE SITES
Nothwithstanding any provision herein, ASTRO reserves the right, in its sole discretion, without any notice or liability to You, to (i) terminate Your license to use the Sites or any portion thereof, (ii) block or prevent Your future access or use of the Sites, Content, or services related thereto, (iii) suspend or discontinue any aspect of the Sites, Content or services related thereto, and (iv) impose strict limits on Your access to the Sites, Content or services related thereto.
Sections 3, 4, 5, 6, 8, 9, 14,16, 17, 19, 20, 21, 22, 25 and 27 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
19. 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.
20. GENERAL DISCLAIMERS, EXCLUSIONS OF DAMAGE 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 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 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.
22. GOVERNING LAW
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.
23. 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 the Sites.
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.
25. ENTIRE AGREEMENT
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.
26. ASTRO CONTACT INFORMATION
American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Fairfax, VA 22031
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 Attention: The American Society for Radiation Oncology, 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031.
ASTRO may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member.