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PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING THE "I AGREE" BUTTON AND USING THIS WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS, DO NOT ACCESS THIS WEBSITE.
By clicking the "I AGREE" button and using www.endovascular.org ("Website", "EVF"), you agree to all of these Terms of Use, as amended. If you do not agree to all of these Terms of Use, do not access or use the Website. Endovascular Forum ("EVF, We, Us, Our") may change these Terms of Use at any time by posting amended Terms of Use on the Website. Such changes are effective upon posting on the Website. Your continued access or use of the Website means you accept these changes.
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1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE. EVF provides an online medical knowledge exchange and information service, the EVF, for physicians and other health care professionals. The EVF is owned and operated by EVF and is provided under the terms and conditions of these Terms of Use and any operating rules, policies, and procedures that may be published from time to time on the Website by EVF (collectively, the "Terms").
2. REGISTRATION. In order to participate in the EVF, a user must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for users own access to the World Wide Web; (3) pay any telephone or other service fees associated with such access; (4) provide certain current, complete, and accurate information about user ("Member Profile") as prompted to do so by the sign up process to become a registered user ("Member"); (5) maintain and update Member Profile as required to keep such information current, complete and accurate; and (6) agree to these Terms. If any information that Member provides in its Member Profile is untrue, inaccurate, not current or incomplete, EVF retains the right to terminate Member's account and Member's rights to use the Website.
3. ELIGIBILITY FOR MEMBERS. The EVF is available to health care professionals. If you do not qualify, please do not attempt to use the EVF. EVF may refuse to offer the EVF service to anyone and may change its criteria for Members, at any time, in its sole discretion.
4. MEMBERS, USERNAME, PASSWORD, AND SECURITY Member's access to and use of the Website is controlled through a combination of a unique user name and a password (collectively, "ID"). Each Member will choose his or her own unique ID. Each Member is responsible for maintaining the confidentiality of his or her own ID. Furthermore, each Member is entirely responsible for any and all activities that occur with the use of his or her ID. Member agrees to immediately notify EVF of any unauthorized use of the Website or Member's ID, or any other breach of security known to Member. Unauthorized access to the Website, or to the telecommunications or computer facilities used to deliver the Website, is a breach of the Terms and is a violation of law. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall access the Website by using your ID. It is your sole responsibility to: (1) control the dissemination and use of your ID; (2) authorize, monitor, and control access to and use of the Website by your ID; (3) promptly inform EVF of any need to deactivate your ID or of any unauthorized use of your ID.
5. PRIVACY POLICY. The Member Profile and other information about Member will be treated in accordance with EVF's Privacy Policy located on the Website.
6. USE OF CONTENT. Member acknowledges that the contents of the Website, which include without limitation the text, graphics, images, sound files, animation files, video files and any other materials ("Content") are protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws. Member is only permitted to use the Content as expressly authorized by EVF. The name "Endovascular Forum", "EVF" and the logos are proprietary trademarks and service marks of EVF. These Terms do not transfer any right, title, or interest in the Content to Member. Member may not sell or modify any content or reproduce, display publicly or otherwise use the Content in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from EVF. Any use of the Content, except as permitted herein, is a breach of these Terms and may violate copyright, trademark, and other laws. All rights not expressly granted to you herein are reserved to EVF. Any questions regarding use of the Content should be directed to copyright@endovascular.org.
7. MEMBER SUBMISSIONS. If applicable, when you submit information or other materials to the Website, you warrant and represent that you have obtained a valid consent that complies with applicable law from any individual for whom you submit information that authorizes EVF and all other individuals and entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use the information that you submitted and allow other Members access to such information. You agree that you will not upload or transmit any communications or content of any type to the Website that infringe or violate the rights of any person or entity.
If you make any submission, you automatically grant or warrant that the owners of such content have expressly granted EVF a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communications or content in any media or medium or any form, format or forum now known or hereafter developed.
8. INTERACTIVE AREAS. Member agrees that you are solely responsible for your actions, and the content of your transmissions through or posting on the Website. Members may be permitted to access and use bulletin boards, mail lists, and other forms of group electronic communications through the Website ("Interactive Areas"). If Member participates in Interactive Areas, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Areas, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Website. You also expressly agree that you will not: (a) after receiving warning, continue to post material which EVF has advised you not to post; (b) create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) post, generate or disseminate so-called "spam" or mass-mailings; (d) harvest or otherwise collect information about others, including email addresses, without their consent; (e) interfere with or disrupt networks connected to the Website, or used for purposes of delivering the Content or the services of the Website (or violate the regulations, policies or procedures of such networks); (f) attempt to gain unauthorized access to restricted areas of the Website, other accounts, computer systems or networks connected to the Website, through password mining or any other means; or (g) interfere with another of our user's use and enjoyment of the Website.
EVF is not responsible for screening or monitoring material posted by you or any other person or entity in Interactive Areas. If notified by one of our Members of any material that is alleged not to conform to the terms of these Terms, EVF may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. EVF reserves the right to remove material, which is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms. EVF reserves the right to edit or delete any material posted on Website, regardless of whether such material violates these standards for content. EVF has no liability or responsibility to you or any other person or entity for performance or nonperformance of the screening activities set forth above.
EVF further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. EVF also does not endorse any opinions expressed in Interactive Areas.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS IS AT YOUR OWN RISK.
9. PATIENT CONFIDENTIALITY; ELECTRONIC CONSULTATIONS; COMPLIANCE WITH LAW. The Website may enable Members to post and transmit confidential patient information (Patient Information) through the Website's discussion boards, bulletin boards or other public forums. State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to transmit certain information to third parties. You represent and warrant that you will, at all times as a Member of this Website and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You understand and agree that improperly using or disclosing Content that contains an individual's health information may violate the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereto, subjecting you to substantial civil and criminal fines and imprisonment. You understand that consulting with a physician concerning a particular patient with a physician not licensed in your state may violate your state telemedicine or physician conduct laws. Health Care Professionals who are Members are solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Website.
EVF CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION TRANSMITTED, MONITORED, STORED OR RECEIVED USING THE WEBSITE.
10. MEMBER CONDUCT.
- No Illegal or Deceptive Acts. Member agrees:
- to abide by all applicable local, state, national, and international laws and regulations in Member's use of the Website;
- not to impersonate any person or entity;
- to comply with all laws regarding the transmission of technical data (including without limitation encryption) exported from the United States through the Website;
- not to use the Website for illegal purposes;
- to comply with all regulations, policies and procedures of networks connected to the Website; and
- not to use the Website to collect or harvest personal information, including, without limitation, financial information, about other Members of the Website.
EVF makes no claims that the Website is appropriate for access or use outside the U.S. Your access and/or use of our Website outside the United States of America is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
- Libelous or Scandalous Materials. Member agrees:
- not to post, promote or transmit through the Website any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature;
- not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation;
- that EVF neither endorses the content of any Member's communications, postings or data nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of this Website.
- System Integrity. Member agrees:
- not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- not to interfere or disrupt networks connected to the Website;
- not to use any device, software or routine or attempt to interfere with the proper functioning of the Website or any transactions being offered at this Website;
- not to take any action that imposes an unreasonable or disproportionately large load on EVF’s infrastructure.
- Copyright Infringement. In the event that Member posts or makes accessible communications or other materials that infringe the copyrights of a third party, EVF shall terminate Member's access to the Website in accordance with EVF's copyright infringement policy pursuant to the Digital Millenium Copyright Act. EVF maintains a special email address for notifications of claimed infringement concerning materials. All correspondence should be addressed to EVF's "Designated Agent to Receive Notification of Claimed Infringement" at copyright@endovascular.org or at EVF, One Joy Street, Boston, MA 02108. Members may contact EVF with complaints regarding allegedly infringing posted material and EVF will investigate those complaints. If the posted material is believed in good faith by EVF to violate any applicable law, EVF will remove or disable access to any such material and EVF will notify the posting Member that the material has been blocked or removed in accordance with its copyright infringement policy.
- Termination. EVF may, at its sole discretion, immediately terminate Member's access to the Website should Member's conduct fail to conform with any provision of this Section 10. Some of the foregoing prohibited acts are also punishable by law.
EVF reserves the right to take any action it deems necessary to protect the personal safety of our Members or the public. EVF has no liability or responsibility to Members of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
11. DISCLAIMERS. The Content is for informational purposes only. In view of the possibility of error by the authors, editors, or publishers of the works contained on the Website, neither EVF nor any other party involved in the preparation of material contained on the Website represents, warrants or assumes any obligation to assure that the Website or Content is reliable, timely, accurate or complete. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of EVF. Accordingly, EVF assumes no liability resulting or arising out of the delay, failure, interruption, or corruption of any information transmitted in connection with the use of the Website.
EVF makes no claims that the Website is appropriate for access or use outside the U.S. Your access and/or use of our Website outside the United States of America is at your own risk, and you are responsible for compliance with the laws of your jurisdiction.
- No Medical Advice. The Content is intended for general educational and information purposes only.
Patients: The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Patients and consumers reading articles posted on the Website should review the information carefully with their professional health care provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
Physicians: The Content is not intended as a substitute for sound professional judgment. The Content does not substitute for medical advice or for professionally administered diagnostic or medical services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
- No Endorsements. Some of the Content may contain the names of certain physicians, healthcare providers, institutions, or healthcare companies. EVF does not endorse any particular physician, healthcare provider, institution or healthcare company.
- Information from other websites. The Website may provide links and pointers to other sites on the Internet ("Third Party Sites"). EVF has not investigated the content of information provided on Third Party Sites and does not warrant the accuracy, completeness, reliability or timeliness of such information or the performance of the Third Party Sites. EVF's inclusion of links to Third Party Sites does not imply any endorsement of the material on such sites or any association with their operators. Member acknowledges and agrees that EVF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Member agrees that EVF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. Members may enter into correspondence with or participate in promotions of partners promoting their products or services on this Website ("Partners"). Member acknowledges and agrees that any such correspondence or participation, including the delivery of, and the payment for, products and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between Member and Partners. EVF shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation. The Partners who promote on the Website have no influence on editorial content and presentation of material on the Website. Moreover, the posting of a particular promotion does not imply endorsement by EVF or its editors.
THE WEBSITE AND THE CONTENT ARE MADE AVAILABLE AND DISTRIBUTED ON AN "AS IS" BASIS. EVF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
12. EXCLUSION OF DAMAGES/LIMITATION ON EVF’S LIABILITY. The total liability of EVF and its officers, directors, employees, agents, information providers or suppliers, if any, for losses or damages shall be your actual damages not to exceed $1,000.00. In no event shall EVF nor its officers, directors, employees, agents, information providers or suppliers be liable for any direct or indirect, special, incidental, personal injury/wrongful death, lost profits, lost data, business interruption, consequential or punitive damages or losses resulting or arising from any use of or inability to use the Website or Content, whether based on warranty, contract, tort, or any other legal theory and whether EVF and its officers, directors, employees, agents, information providers or suppliers have been advised of the possibility of such damages. Any claims arising from your use of the Website or its Contents must be brought within one (1) year of the date following the event giving rise to such action. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO MEMBER.
13. INDEMNIFICATION. You agree to defend, indemnify and hold EVF, and its officers, directors, employees, affiliates, agents, licensors, and suppliers harmless against and from any and all claims, actions, liability, and expenses (including settlements, judgments, court costs, and reasonable attorneys' and accountants' fees, regardless of the outcome of such claim or action) caused by, arising out of, resulting from, your breach or violation of these Terms. Upon notice from EVF, you will resist and defend at your own expense, and by counsel reasonably satisfactory to EVF, any such claim or action. In the event that you become aware of any alleged violation of these Terms or cause of action against EVF, you will promptly provide EVF written notice containing sufficient information to identify the name and address of the allegedly injured person, the place and circumstances of the alleged incident and the names and addresses of available witnesses. You agree to cooperate with EVF in the defense of any claim at no charge to EVF.
14. GOVERNING LAW AND VENUE. These Terms shall be governed by, and construed and enforced in accordance with, the internal substantive laws of the State of Massachusetts, without respect to its conflict of laws principles. You irrevocably submit to the jurisdiction of any state court in Suffolk County, Massachusetts, or any courts of the United States of America located in Suffolk County, Massachusetts, and agree that all suits, actions and proceedings brought by you involving EVF, or its affiliates, subsidiaries, employees, agents, suppliers, contractors, officers, and directors shall be brought only in such courts in Suffolk County, Massachusetts. You irrevocably waive any objection you may have to the laying of the venue of any such action brought in any such court.
15. GENERAL. EVF shall be excused for failures and delays with respect to the Website arising out of any cause beyond EVF's control, including without limitation, any Act of God, war, riot or insurrection, law or regulation, strike, flood, fire, explosion. No waiver of a breach of any provision of these Terms or delay in asserting a breach will be construed to be a waiver of any other breach of these Terms, whether of a similar or dissimilar nature. EVF's rights and obligations hereunder will inure to the benefit of and be binding upon the successors and assigns of EVF without your consent. You may assign your rights or obligations under these Terms only after receiving EVF's prior written consent. These Terms supersede any and all agreements, either oral or written, between the parties hereto with respect to the subject matter. The information summary and index and the headings are for informational and reference purposes only and shall not in any way affect the meaning or interpretation of these Terms. If you access the Website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
16. MODIFICATIONS TO RULES AND SERVICE. EVF may change the Terms from time to time. Upon any change in the Terms, EVF will post the amended Terms on Website. The amended Terms shall automatically become effective immediately after they are initially posted on Website and any use of the Website occurring after such date shall be subject to the amended Terms. The Terms were last revised on April 1, 2002. Member's continued use of the Website after the posting of the amended Terms on Website constitutes Member's affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended.
EVF reserves the right to modify or discontinue all or part of the Website, temporarily or permanently, with or without notice to Member, and is not obligated to support or update the Website. Member acknowledges and agrees that EVF shall not be liable to Member or any third party in the event that EVF exercises its right to modify or discontinue all or part of the Website
17. NOTICES.
EVF may deliver notice to you under Terms by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail to your address on record in your Member Profile. You may give notice to EVF by electronic mail to feedback@endovascular.org or by U.S. Mail postage prepaid to EVF, One Joy Street, Boston, MA 02108, Attention: President. Notice will be deemed made when received by EVF.
Thank you for your cooperation. We hope you find the Website helpful and convenient to use.
© EVF All rights reserved.
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