Terms and Conditions of Use for ASCO Guidelines Wiki
Thank you for your interest in the [ASCO Guidelines Wiki] (the “Website”). The Website is made available by the American Society of Clinical Oncology, Inc. (“ASCO”) to engage the membership in the guideline development process. ASCO Members will have an opportunity to comment on published guidelines and provide new evidence.
By using the enclosed user name and password to access the Website, you are agreeing to these Terms and Conditions of Use (the “Terms”), which constitute a binding legal contract between you and ASCO.
The Website is made available for your personal use, educational advancement, or professional development. Except as approved in writing by ASCO, redistribution, retransmission, commercial exploitation, or other uses of the Website or the content of the Website, including but not limited to data, text, graphics, video, messages, and other materials (collectively, the “Content”), are strictly prohibited.
2. Notices; Modification and Termination of Services; Amendment of the Terms
ASCO may, at its sole discretion, (i) amend these Terms at any time; (ii) modify, suspend or terminate the services provided through the Website (or any part thereof), and/or your use of or access to them; or (iii) delete, or bar access to or use of, all related Content and files. ASCPO may provide notice to you regarding changes to the Website or these Terms via e-mail or by posting notices or links to notices on the Website. ASCO will not be liable to you or any third-party for any modification, suspension or termination of the services or Content provided through the Website.
3. Registration and Other Data Provided by You
In consideration of your use of the Website, you agree to (i) provide accurate, current, and complete contact information (the “Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data and any other information you provide to ASCO; and (iv) accept all risks of unauthorized access to all such information.
4. Prohibited Activities
You agree that you will not use the Website to:
(a) transmit spam, bulk or unsolicited communications;
(b) pretend to be someone else, spoof someone else’s identity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content uploaded to or transmitted through the Website;
(c) misrepresent your affiliation with a person or entity;
(d) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use or access the Website;
(e) 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; or
(f) collect or store personal data about other users of the Website unless specifically authorized by such users.
In using the interactive features of the Website, you agree not to upload, post or otherwise transmit via the Website Content that:
(a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive or harassing; causes duress, distress or discomfort to another; or is otherwise objectionable to ASCO or other users of the Website;
(b) includes unauthorized disclosure of the personal information of third parties;
(c) violates or infringes anyone’s intellectual property rights;
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(e) is a form of advertising not approved in advance in writing by ASCO;
(f) constitutes electioneering, such as exhortations to vote for or against any candidate for public office; or
(g) is injurious to the interests of ASCO or other users of the Website.
Except where expressly stated to the contrary, ASCO reserves the right to edit or remove any Content from the Website at any time, at its sole discretion.
5. Disclaimer of Warranties
You expressly agree that ASCO has no responsibility for or control over the Content that you or other Website users upload, post or otherwise transmit via the Website. ASCO does not (i) warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted or otherwise transmitted via the Website or (ii) 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.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL SERVICES AND CONTENT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. ASCO 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. ASCO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, AVAILABILITY, SECURITY OR COMPLETENESS OF THE WEBSITE OR THE CONTENT.
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.
6. 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 ASCO endorsement. ASCO 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 LAW, ASCO 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 ASCO 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.
To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.
In the event you have any dispute with any third parties as a result of your use of the Website, or are in any way damaged as a result of any third party in connection therewith, you hereby release and covenant not to sue, institute any legal or regulatory proceedings, or otherwise make a claim or demand, of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed, against ASCO, its affiliates, officers, directors, employees, agents, representatives and suppliers.
7. Intellectual Property Rights and Use of the Content; User Uploaded Content
As between you and ASCO, the Website, including without limitation all Content and all intellectual property rights in and to the same, are owned by or licensed to ASCO. Except as expressly authorized by ASCO or by third party Content providers, you agree not to reproduce, modify, loan, sell, distribute, mirror, frame, download, transmit or create derivative works of the Content, in whole or in part, by any means. You may not remove or modify any copyright or trademark notice, or other notice of ownership.
Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to use the Content or any other ASCO-owned or licensed intellectual property, whether by estoppel, implication or otherwise. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms. Permission is granted to display, copy, distribute, and download Content owned by ASCO on this Website provided that:
(a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., “Used with permission”) is added to such Content;
(b) the use of such Content is solely for personal informational and educational use and not for commercial purposes, and is not used to imply that ASCO endorses, sponsors or is affiliated with any company, product or service;
(c) such Content is not copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and
(d) no modifications are made to such Content.
This permission terminates automatically without notice if you breach any of the terms or conditions in these Terms. Upon termination, you must immediately destroy any downloaded and/or printed Content.
ASCO does not claim ownership of any Content that you place on the Website and shall have no obligation of any kind with respect to such Content. Any content that you provide in connection with this Website shall be deemed to be provided on a non-confidential basis. You grant ASCO an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish such Content (including in digital form) on an unrestricted basis for any purpose. You represent and warrant that you have proper authorization to grant the foregoing license.
8. Identification of Agent for Receipt of Copyright Infringement Notices
ASCO is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on the Website, please send a written notice of claimed copyright infringement to ASCO’s registered agent:
Kimberley Isbell, Associate Counsel
American Society of Clinical Oncology, Inc.
2318 Mill Road, Suite 800
Alexandria, Virginia 22314
In your notice, please provide the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) A description of the copyrighted work that you claim has been infringed upon.
(c) A description of where the material that you claim is infringing is located on the Website, including but not limited to the URL.
(d) Your address, telephone number, and e-mail address.
(e) 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.
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. General Terms
You may send questions regarding the Website or these Terms to the address listed below:
The American Society of Clinical Oncology
2318 Mill Road, Suite 800
Alexandria, VA 22314
The Terms shall be governed by the law of the Commonwealth of Virginia, without regard to conflicts of law. You agree that exclusive jurisdiction and venue of any dispute arising out of or in any way relating to these Terms or your use of or inability to use the Website, services, or Content shall reside in the federal and state courts serving the city of Alexandria, Virginia. You expressly consent to the exercise of personal jurisdiction of such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise.
©2014 American Society of Clinical Oncology (ASCO). All Rights Reserved Worldwide