TERMS AND CONDITIONS Last Updated July 1, 2014 Terms and Conditions of Use This agreement describes your rights and responsibilities with regards to use of the DSCO Website; please read it carefully. 1. Acceptance of Terms of Use for the Website These website terms, conditions of use, and notifications (the “Terms”) apply to your use of (a) the website operated by the Delaware Society for Clinical Oncology (“DSCO”), a Delaware not-for-profit corporation and (b) any and all information available on the Website, including data, text, software, sound, photographs, graphics, video, messages, and other materials (“Content”). You must read the Terms carefully. DSCO provides the Website to you subject to the Terms. The Terms are entered into by and between you and DSCO, and you accept them by using the Website in any manner. If you do not agree to all of the Terms, do not use the Website. The Website is made available for your personal use, educational advancement, or professional development. Any materials that you download or copy for your own use must maintain all copyright or other notices and comply with applicable laws, rules and regulations, including those that govern the export of technical data. Except as approved in writing by DSCO, redistribution, retransmission, commercial exploitation, or other uses of the Website or the Content are strictly prohibited. The materials contained in this Website are protected by applicable copyright and trade mark law. DSCO makes no representation that the Website or the services available through the Website are appropriate or available for use in all locations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation. 2. Notices, Modification and Termination of Services;Amendment of the Terms DSCO reserves the right at any time in its sole discretion to amend these Terms and to modify, suspend or terminate the services provided through the Website (or any part thereof), and/or your use of or access to them, with our without notice. DSCO may also delete, or bar access to or use of, all related Content and files. DSCO will not be liable to you or any third-party for any modification, suspension or termination of the services or Content through the Website, or loss of related information. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website. If you are dissatisfied with the services provided through the Website, or any of these Terms, your sole and exclusive remedy is to discontinue using the Website. 3. Links and Third Party Services The Website may contain links to other Internet sites (“Linked Sites”). Linked Sites are not under the control of DSCO and DSCO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. You acknowledge and agree that (a) DSCO is not responsible for the availability of such external sites or resources, (b) Linked Sites are provided solely for your convenience, (c) Inclusion of any link on the Website does not imply endorsement by Delaware Society for Clinical Oncology of the site or any association with its operators (d) DSCO does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. Without limiting the forgoing, DSCO will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resources. 4. Prohibited Activities As a condition of your use of the Website, you warrant to DSCO that you will not use the Website to: (a) obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website; (b) violate or attempt to circumvent the security of the Website, including but not limited to, accessing data not intended for users or logging into a server or account which you are not authorized to access; (c) pretend to be DSCO or someone else, or spoof DSCO or someone else’s identity; (d) transmit spam, bulk or unsolicited communications; (e) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Website; (f) misrepresent your affiliation with a person or entity; (g) disrupt, damage, disable, overburden or impair the Website or otherwise act in a manner that negatively affects other users’ ability to use the Website; (h) engage in activities that would violate any fiduciary or contractual relationship; any applicable local, state, national, or international law, or any regulations having the force of law, including but not limited to stalking or making threats of harm; or (i) collect or store personal data about other users of the Website unless specifically authorized by such users
5. Submissions All concepts, ideas, comments, manuscripts, illustrations, presentation slides, and all other materials (collectively “Submissions”) disclosed, provided or offered to DSCO on or in connection with this Website are submitted without restrictions or expectation of confidentiality. DSCO does not claim ownership of Submissions, however, by disclosing, providing, or offering your Submissions to DSCO you are granting DSCO permission to use your Submission in connection with the operation of the Website including, without limitation, the rights to: use, modify, publish, reproduce, copy, transmit, disseminate, download, upload, post, display, or otherwise distribute your Submission without notice or compensation to you; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. DSCO is under no obligation to use any Submission disclosed, provided or offered to DSCO and may remove any Submission at any time in DSCO’s sole discretion. By disclosing, providing, or offering your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
6. Disclaimer of Warranties DSCO makes no representation that your use of the Website will comply with applicable law. DSCO does not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. DSCO does not endorse any opinions expressed in or through any Content available on the Website. You agree that you must evaluate and bear all risks associated with your use of any Content, including any reliance on the accuracy, completeness or usefulness of the Content. YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL SERVICES AND CONTENTIS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. DSCO DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. DSCO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE. DSCO MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION OR OTHER MATERIAL OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
7. Limitation of Liability The Content of the Website does not constitute medical or legal advice, and is not intended for use in the diagnosis or treatment of individual conditions. The Content is not comprehensive, and should not be used as a substitute for consultation with a licensed medical professional or other traditional source of medical information. The mention of any product, service, organization, activity or therapy on the Website should not be construed as an endorsement by DSCO. DSCO assumes no responsibility for any injury or damage to persons or property arising out of or related to the Content of the Website. Patients with health-care related questions should call or see their physician or other health care provider promptly, and should not disregard professional medical advice, or delay seeking it, because of information encountered on the Website. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DSCO DISCLAIMS AND WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF DSCO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.
8. Indemnity You agree to defend, indemnify, and hold DSCO and its affiliates, members, officers, directors, agents, licensors, suppliers, other partners, employees, representatives and contractors harmless from any and all losses, expenses, costs or damages (including reasonable attorneys’ fees, expert fees’ and other reasonable costs of litigation) arising from, incurred as a result of or in any manner related to any claim, demand or action based upon your use of or connection to the Website, to include any Submissions; your violation of the Terms; or your violation of any applicable laws or rights of another. Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. |