1. AGREEMENT BETWEEN USER AND SGO
This is a binding agreement (“Agreement”) between the Society of Gynecologic Oncology, a non-profit corporation (“SGO”) and you, the user (“You” or “Your”). SGO’s Web Site is offered to You conditioned on Your acceptance without modification of the terms, conditions, and notices contained herein. By using SGO’s Web Site, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
SGO RESERVES THE RIGHT TO CHANGE THE TERMS, CONDITIONS AND NOTICES UNDER WHICH THE SGO WEB SITE IS OFFERED. YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THESE TERMS AND CONDITIONS. YOUR NON-TERMINATION OR CONTINUED USE OF SGO’s WEB SITE AFTER CHANGES ARE POSTED CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY THE POSTED CHANGES.
3. SGO WEB SITE USAGE
As a condition of Your use of the SGO Web Site, You represent and warrant to SGO that You will not use the SGO 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 SGO Web Site in any manner which could damage, disable, overburden or impair the SGO Web Site or interfere with any other party’s use and enjoyment of the SGO Web Site. The SGO Members Only portion of SGO’s Web Site (“Members Only Site”) will be accessible only to dues paying members of SGO (“Members”). All Member information provided to SGO and posted on SGO’s Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete.
If SGO at any time discovers any error or omission in the information You provide, SGO 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 SGO Member information to access any portions of SGO’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.
SGO’s Members Only Site may contain chat areas, forums, news groups, bulletin board services and other facilities (“SGO Web Services”) that permit You to communicate with other Members of SGO. You agree to use these SGO 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 SGO Web Services, You will not:
- Violate any applicable laws or regulations;
- Upload information that contains material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as SGO’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 indicating the origin or source of information that is uploaded or downloaded from SGO’s Web Site;
- 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;
- 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;
- Harass, abuse, threaten or otherwise violate any legal rights of others;
- Upload viruses, corrupted files or any other software or information that may damage the operation of another’s computer or network;
- Use SGO’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;
- Use SGO’s Web Site to forward chain letters;
- Permit anyone other than Yourself to use Your SGO Member information to access any portions of SGO’s Web Site which are restricted to Members only;
- Use any name other than your professional Member name, including without limitation nicknames or impersonations;
- Forward any material or information contained in one of SGO’s Web Services to anyone who is not a Member of SGO; or
- Violate any of SGO’s policies, guidelines or other codes of conduct which are applicable to SGO’s Web Site or in particular to one of SGO’s Web Services.
News Group Protocol
SGO has no obligation to screen or monitor SGO’s Web Services; however, SGO reserves the right to review information or materials posted to any of SGO’s Web Services and to remove any such information or materials in its sole discretion. SGO reserves the right at all times, in its sole discretion, to edit, refuse to post or to remove any information or materials from SGO’s Web Site, including without limitation to SGO’s Web Services, regardless of whether such material does or does not violate this Agreement or any SGO policies, guidelines, or other codes of conduct which are applicable to SGO’s Web Site or in particular to one of SGO’s Web Services.
SGO does not control or endorse the content, messages or information found in any of SGO’s Web Services, and SGO specifically disclaims any liability with regard to SGO’s Web Services. SGO does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on SGO’s Web Services unless it is provided by an authorized SGO spokesperson. Any statements made on SGO’s Web Services reflect only the views of their authors, and your reliance on any such content is at your own risk. SGO’s Web Services will be managed or hosted by either employees or Members of SGO, who are not authorized SGO spokespersons, and their views or actions in managing or hosting SGO’s Web Services do not necessarily reflect those of SGO.
The Members Only Site is intended by SGO to require a user ID and password to access and use. Certain SGO Web Services may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the user IDs, 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 SGO in writing of any need to deactivate and replace any Member Information due to security concerns. SGO 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 SGO immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to SGO under this section of the Agreement may be accomplished by sending e-mail to email@example.com or by conventional mail to:
Society of Gynecologic Oncology
230 W. Monroe, Suite 710
Chicago, IL 60606
5. COPYRIGHT AND TRADEMARK OWNERSHIP, NOTICES AND INFRINGEMENT
All contents of the SGO Web Site are: Copyright © 2012. All rights reserved.
The content of the SGO Web Site is proprietary to SGO and is protected by the copyright laws of the United States and other countries. The compilation of the content on the SGO Web Site is the exclusive property of SGO and is protected by the copyright laws of the United States and other countries.
SGO’s On-Line Membership Directory is: Copyright © 2012 The Society of Gynecologic 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 SGO. Notwithstanding the foregoing, SGO 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 Society of Gynecologic Oncology, 230 W. Monroe St., Ste. 710, Chicago, IL 60606.
SGO does not claim ownership of the individual materials or information You may provide to SGO, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to SGO’s Web Site including without limitation any of SGO’s Web Services. However, if You provide such materials or information to SGO:
- 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
- You are granting SGO, 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. SGO will not pay You compensation with respect to the use of Your materials or information.
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 SGO Web Site, without the prior written permission of SGO. For information, address The Society of Gynecologic Oncology, 230 W. Monroe St., Ste. 710, Chicago, IL 60606-4703.
Any rights not expressly granted herein are reserved.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to SGO’s names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
6. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SGO 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.
SGO does not guarantee any action based upon the receipt of such information. Pursuant to Title 17, United States Code, Section 512, notifications of claimed copyright infringement under United States copyright law should be sent to firstname.lastname@example.org.
7. LINKS TO THIRD PARTY WEB SITES
SGO’s Web Site may contain links to third party Web Sites. The third party Web Sites are not under the control of SGO, and SGO 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 SGO of the site or any association or relationship with its operators.
8. NO PROFESSIONAL ADVICE
The information and materials available through the SGO Web Site including without limitation the SGO Web Services is for information and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The medical, scientific and general information included on the SGO Web Site may reflect innovations and opinions not universally shared and does not necessarily reflect the view of SGO. SGO and SGO’s Web Site, including without limitation SGO’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 SGO WEB SITE, INCLUDING WITHOUT LIMITATION ON SGO’S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
SGO reserves the right in its sole discretion to terminate Your access to any or all of the SGO Web Site, including without limitation SGO’s Web Services, at any time without notice for any reason whatsoever. Sections 3, 4, 5, 8, 11 and 12 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever. Any other provisions which by their construction should survive termination of the Agreement shall also survive.
10. COMPLIANCE WITH APPLICABLE LAWS
SGO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
11. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SGO WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SGO MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SGO WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE SGO WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
SGO MAKES NO REPRESENTATIONS ABOUT SGO’S WEB SITE, INCLUDING WITHOUT LIMITATION SGO’S WEB SITE’S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS. SGO PROVIDES SGO’S WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT WARRANTY OF ANY KIND. SGO DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SGO’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 SGO WEB SITE IS TO DISCONTINUE USING THE SGO WEB SITE. SGO 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 SGO WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SGO WEB SITE OR SGO’S WEB SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE SGO WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE SGO WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SGO 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 SGO’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON THE SGO 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.
YOU AGREE TO INDEMNIFY SGO FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF SGO’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. SGO WILL NOTIFY YOU PROMPTLY OF ANY CLAIM FOR WHICH SGO 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 SGO’S INTERESTS, AS REASONABLY DETERMINED BY SGO.
13. GOVERNING LAW
This Agreement is governed by the laws of the State of Illinois, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of SGO’s Web Site. Use of SGO’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.
14. NO RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between You and SGO as a result of this Agreement or use of SGO’s Web Site, including without limitation SGO’s Web Services.
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.
16. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and SGO with respect to SGO’s Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and SGO with respect to SGO’s Web Site, including without limitation to SGO’s Web Services.
17. SGO CONTACT INFORMATION
Society of Gynecologic Oncology
230 W. Monroe, Suite 710
Chicago, IL 60606
Notices given by SGO to You will be given by a general posting on SGO’s Web Site or by an e-mail, if an e-mail address is available. Notices given by SGO to Members may also be given by conventional mail. Notices to SGO must be sent by conventional mail to Attention: Society of Gynecologic Oncology, 230 W. Monroe, Suite 710, Chicago, IL 60606.
SGO may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights.