TERMS OF USE AGREEMENT FOR ASTRO.ORG WEB SITE
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 Web Site is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By using ASTRO’s Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
2. MODIFICATION OF THESE TERMS OF USE
ASTRO RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS AND NOTICES UNDER WHICH THE ASTRO WEB SITE IS OFFERED. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS. YOUR NON-TERMINATION OR CONTINUED USE OF ASTRO’S WEB SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
3. PRIVACY POLICY
Because your privacy is important to You and to ASTRO, ASTRO will operate http://www.astro.org in accordance with its Privacy Policy, which is incorporated into this Agreement by this reference and which may be viewed by following this link to the "Privacy Policy. BY CONSENTING TO THE TERMS OF USE AGREEMENT FOR ASTRO.ORG’S WEB SITE, YOU CONSENT TO THIS PRIVACY POLICY.
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’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 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.
The ASTRO Members Only portion of ASTRO’s Web Site ("Members Only Site") will be accessible only to dues paying members of ASTRO ("Members"). All Member information provided to ASTRO and posted on ASTRO's Web Site, 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 ASTRO’s Web Site which 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 as a result thereof.
ASTRO’s Members Only Site may contain chat areas, forums, news groups, bulletin board services and other facilities ("ASTRO Web Services") that permit You to communicate with other Members of ASTRO. You agree to use these ASTRO Web Services only to post, send and receive messages and materials that are appropriate and related to the facility or service. By way of example, and not as a limitation, You agree that when using ASTRO Web Services, You will not:
a. Violate any applicable laws or regulations;
b. Upload information that contains 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 indicating the origin or source of information that is uploaded or downloaded from ASTRO’s Web Site;
d. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Inappropriate topics, names, material or information may include without limitation, personal, non-topic related, criticisms or attacks, confrontational speech such as "flaming" or all caps posts, jokes, resumes or personal material;
e. Publish confidential or personally identifiable patient information in violation of 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 patient confidentiality or personally identifiable information, including without limitation protocols for patient information;
f. Harass, abuse, threaten or otherwise violate any legal rights of others;
g. Upload viruses, corrupted files or any other software or information that may damage the operation of another’s computer or network;
h. Use ASTRO’s Web Site 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 ASTRO’s Web Site to forward chain letters;
j. Permit anyone other than Yourself to use Your ASTRO Member information to access any portions of ASTRO’s Web Site 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; or
m. Violate any of ASTRO’s policies, guidelines or other codes of conduct which are applicable to ASTRO’s Web Site or in particular to one of ASTRO’s Web Services.
n. News Group Protocol
ASTRO has no obligation to screen or monitor ASTRO’s Web Services; however, ASTRO reserves the right to review information or materials posted to any of ASTRO’s Web Services 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 ASTRO’s Web Site, including without limitation to ASTRO’s Web Services, regardless of whether such material does or does not violate this Agreement or any ASTRO policies, guidelines, or other codes of conduct which are applicable to ASTRO’s Web Site or in particular to one of ASTRO’s Web Services.
ASTRO does not control or endorse the content, messages or information found in any of ASTRO’s Web Services, and ASTRO specifically disclaims any liability with regard to ASTRO’s Web Services. ASTRO does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on ASTRO’s Web Services unless it is provided by an authorized ASTRO spokesperson. Any statements made on ASTRO’s Web Services 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 Web Services do not necessarily reflect those of ASTRO.
5. PERSONALLY IDENTIFIABLE PATIENT DATA
Unless prior written individual authorization is obtained, You agree to not use or disclose on ASTRO's Web Site, including without limitation on ASTRO's Web Services, 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 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 ASTRO's Web Site, including without limitation on ASTRO's Web Services, 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 ASTRO's Web Site including without limitation to ASTRO's Web Services, You agree to abide by such requirements in using or disclosing such information.
6. SECURITY
The Members Only Site is intended by ASTRO to require a userID and password to access and use. Certain ASTRO Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes ("Member Information") assigned to You; (2) 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 (3) 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:
Webmaster
The American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Suite 500
Fairfax, VA 22031
7. COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT
a. COPYRIGHTS:
All contents of the ASTRO Web Site are: Copyright © 2000 - 2004. 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's On-Line Membership Directory is: Copyright © 2000 - 2004 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.
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 including without limitation any of ASTRO’s Web Services. However, if You provide such materials or information to ASTRO:
i. You are warranting and representing that You own or otherwise control all of the rights 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
ii. You are granting ASTRO, its affiliated entities and necessary sublicensees permission 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 the use of Your materials or information.
iii. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, 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, 8280 Willow Oaks Corporate Drive, Suite 500, Fairfax, VA 22031.
Any rights not expressly granted herein are reserved.
b. TRADEMARKS:
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
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. See Notice and Procedure for Making Claims of Copyright Infringement.
9. 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.
10. NO PROFESSIONAL ADVICE
The information and materials available through the ASTRO Web Site including without limitation the ASTRO Web Services is for information and educational purposes only and is not a substitute for the professional judgement 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, including without limitation ASTRO’s Web Services, 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, INCLUDING WITHOUT LIMITATION ON ASTRO’S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
11. TERMINATION
ASTRO reserves the right in its sole discretion to terminate Your access to any or all of the ASTRO Web Site, including without limitation ASTRO’s Web Services, at any time without notice for any reason whatsoever. Sections 4, 5, 6, 7, 10, 13 and 14 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
12. 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.
13. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, 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 HEREIN. ASTRO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN 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, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS. ASTRO PROVIDES ASTRO’S WEB SITE, 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 ASTRO’S WEB SITE, 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 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 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 OR ASTRO’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, 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.
14. INDEMNITY
YOU AGREE TO INDEMNIFY 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 ASTRO’S WEB SITE, 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. 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.
15. GOVERNING LAW
This Agreement is governed by the laws of the State of Virginia, USA. 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. Use of ASTRO’s Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
16. 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, including without limitation ASTRO’s Web Services.
17. CONSTRUCTION
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.
18. 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, including without limitation to ASTRO’s Web Services.
19. ASTRO CONTACT INFORMATION
Webmaster: webmaster@astro.org
The American Society for Radiation Oncology
8280 Willow Oaks Corporate Drive
Suite 500
Fairfax, VA 22031 Phone: (703) 502-1550
Fax: (703) 502-7852
20. NOTICES
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 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.
21. ASSIGNMENT
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.
