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This agreement describes your rights and responsibilities with respect to your use of the Speed of Light – The ASTRO Foundation Website, as defined herein, and any and all information available on the Website. It also describes ways in which Speed of Light may use information about you that we obtain through your use of these Websites. This is an agreement ("Agreement") between the Speed of Light – The Astro Foundation ("Foundation"), a non-profit corporation, and you, the user ("You" or "Your"). The Foundation’s website SPEEDOFLIGHTFOUNDATION.ORG is offered to You conditioned on Your acceptance of the terms, conditions and notices contained herein. Certain additional terms applicable to Your use of specific services are located below. As used herein, the collective term "Users" shall apply to ASTRO Members and other authorized users of the Sites who have login credentials, as well as the general public seeking information related to radiation therapy and patient education. In all cases, by using the Websites, You confirm Your acceptance of, this Agreement and all such terms, conditions and notices.
The Foundation reserves the right to change the terms, conditions and notices under which the Websites are offered. You should review these terms and conditions periodically to understand the terms that govern Your use of the Websites. Your continued use of the Websites after changes are posted constitutes Your acceptance of this Agreement as modified by the posted changes. The Foundation reserves the right at any time in its discretion to modify, suspend, terminate or delete the services or content provided through the Sites (or any part thereof), and/or Your use of or access to them, with or without notice.
Because Your privacy is important to You and to Speed of Light – The ASTRO Foundation, The Foundation will operate the Sites in accordance with its Privacy Policy, which is incorporated into this Agreement.
BY CONSENTING TO THE TERMS OF USE AGREEMENT FOR THE FOUNDATION'S WEBSITE, YOU CONSENT TO THIS PRIVACY POLICY AND TO ALLOW THE COLLECTION, PROCESSING, STORAGE AND USE OF YOUR INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY.
You agree to comply with all applicable laws and regulations, and the terms or The Foundation's Privacy Policy, with respect to any access, use and/or submission by You of any personal information in connection with the Sites.
The Foundation reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
You agree to not use or disclose on the Websites any information that would violate state or federal law or regulation, or any fiduciary or contractual relationship, regarding individually identifiable health information, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA).
As a condition of Your use of the Website You represent and warrant to The Foundation that You will not use the Websites 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, regulations and fiduciary and contractual obligations that govern your use of the Sites and the information you contribute to or obtain from the Sites.
You represent and warrant that You will not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party's use and enjoyment of the Website and that You will not collect or store personal data about other users of the Site unless specifically authorized by such users. You may not use any data-mining, robots, or similar data gathering or extraction methods.
You may not use, reproduce, develop, distribute, perform, alter or make derivative works from any material, text, photos, video, audio or any other content posted by The Foundation or any other person or entity on the Website ("Content") and may only use Content for Your own informational, personal, non-commercial purposes. Subject to all the conditions herein, The Foundation grants You a limited, non-sublicenseable license to access and use the Sites as authorized by your status and to view, copy, and print portions of the Content found on the Sites, as restricted herein. This revocable limited license, unless explicitly stated herein, may not be construed as conferring rights to any intellectual property, whether by estoppel, implication or otherwise.
The Website may contain online communities, forums, news groups, bulletin board services and other interactive areas in which You may communicate with other individuals or post content ("Interactive Areas"). Your use of any Interactive Areas of the Site is at Your own risk. The Foundation is not responsible for the use or misappropriation of any materials or content that You communicate or post in the Interactive Areas. You agree to use these Interactive Areas only to post, send and receive messages and materials that are appropriate and related to the service.
You agree that in using the Site You will not:
You agree that nothing You may post on the Site shall be subject to any confidentiality obligations by The Foundation, its directors, officers, employees, agents, providers or vendors. Under no circumstances will The Foundation be liable in any way for any content posted by You or for the use or disclosure of any Content found on the Site.
By posting, submitting or otherwise contributing any material, photos or content to the Site ("Material"), You grant The Foundation a perpetual, worldwide, non-exclusive, royalty-free, transferable and fully sublicenseable right and license to use, reproduce, modify, translate, adapt, distribute, publish, re-publish, create derivative works from and publicly display, and perform any such Material, in whole or in part, in any medium or technology throughout the world, now known or hereafter devised, including any ideas or expressions of ideas arising out of or based on the Material, without restrictions of any kind, for any purpose in The Foundation's discretion and without the requirement of any permission from or compensation or notice to You or any third-party. In connection with such Material, You represent and warrant that You own and control all of the rights to the Material that You post or submit and the use, posting or other transmission of such Material does not violate any rights or cause injury to any person or entity.
The Foundation shall have no obligation to attribute authorship of any Material to You and shall not be obligated to enforce any form of attribution by third-parties. To the extent You may have any moral rights in any of the Material posted on the Site, You waive them and state expressly that You have no objection to the publication, use, modification, deletion, amendment and exploitation by The Foundation of any of the Material.
The Foundation has no obligation to screen or monitor The Foundation's Interactive Areas. The Foundation reserves the right at all times, in its discretion, to edit, refuse to post or to remove any information or materials from the Website, or to terminate any online community from the Site, regardless of whether such information, material, or online community does or does not violate this Agreement or any Foundation policies, guidelines, or other codes of conduct that are applicable to the Website.
The Foundation does not control, endorse or verify the Content, messages or information found in any of the Interactive Areas, and The Foundation specifically disclaims any liability with regard to such Content. Any statements made reflect only the views of their authors, and Your reliance on any such Content is at Your own risk. The Foundation's Website may be managed or hosted by either employees. They are not authorized Foundation spokespersons, and their views or actions in managing or hosting The Foundation's Website do not necessarily reflect those of The Foundation.
The Foundation is not responsible for and assumes no liability for any material or Content posted, stored or uploaded by You or any other third party, or for any claim, damage, or loss related to such material or Content. The Foundation is not responsible for and assumes no liability for any mistakes, defamation, slander, falsehoods, omissions, pornography, profanity or obscenity that You may encounter on the Site. The Foundation is not liable for any statements, representations or Content provided by others on the Site. Although The Foundation has no obligation to screen, or monitor the Site or the Content, The Foundation has the discretion to remove, screen, or edit without notice any material or Content posted or stored on the Site at any time for any reason. The Foundation is not responsible for creating any backup or archive copies of any material or Content.
The Foundation is not responsible for any injury or damage to persons or property arising out of or related to any use of the material or Content on the Site, or arising out of or related to Your interactions or dealings with other users on the Site.
You are prohibited from circumventing or attempting to circumvent the security of the Site.
You acknowledge that it is your responsibility alone to install anti-virus software and protection against viruses that could impact your computer or system, including but not limited to damaging, destroying, disrupting or otherwise impairing your computer's functionality or operation and/or providing unauthorized access to your system.
The Foundation will investigate occurrences which may involve violations or system or network security and may involve and cooperate with law enforcement authorities or affected parties in prosecution or litigation against users who are involved in these violations.
MyASTRO is intended by ASTRO (The Foundation’s parent association) to require a username and password to access and use. Certain areas of the Website may require additional codes. You are solely responsible for:
ASTRO and The Foundation, are not liable for any harm related to the theft of Your User Information, Your disclosure of Your User Information or Your authorization to allow another person or entity to access and use MyASTRO using Your User Information. You agree to notify ASTRO immediately as soon as You become aware of any unauthorized use of Your User Information. Notice to ASTRO under this section of the Agreement may be accomplished by conventional mail to:
On The Foundation Site, You may have access to certain confidential information of The Foundation and/or third-parties who have provided information made available there and which should reasonably be understood as confidential ("Confidential Information"). You agree to maintain the confidentiality of this Confidential Information. Ownership of Confidential Information remains with The Foundation and/or any third-party providers of Confidential Information. Upon termination of Your license to use the Site or any portion thereof or upon The Foundation's written request, you must cease use of Confidential Information and return or destroy it.
COPYRIGHTS:
Except as otherwise indicated, the Site, all text, marks, images, logos, material, and other Content, including any Foundation trademarks, logos, designs, graphics, information, data, files, and the selection and arrangement thereof, are the property of Speed of Light – The ASTRO Foundation or its licensors or its users and are protected by the trademark and copyright laws of the United States and other jurisdictions. The Foundation, and all other marks or names displayed on the Site, are the registered or unregistered trademarks of The Foundation and/or its licensors and may not be copied or used without the written permission of the relevant trademark owner. The Site and their design, appearance, graphics, and icons are owned by The Foundation and may not be copied or used without The Foundation's written permission. All other trademarks, registered trademarks, product names and company's names or logos mentioned in the Site are property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by The Foundation. The compilation of the Content on the Website is the exclusive property of Speed of Light – The ASTRO Foundation and is protected by the copyright laws of the United States and other countries. The Site are © 2009-2018 ASTRO. All rights reserved.
TRADEMARKS:
Nothing in this Agreement or its performance shall grant You any right, title, interest or license in or to The Foundation's names, logos, logotypes, trade dress, designs or other trademarks.
Any rights not expressly granted herein are reserved.
If You are a copyright owner, or act on behalf of one, and You believe that any Content on the Sites infringes upon Your copyrights, please submit a written notice which complies with 17 U.S.C. § 512 (c)(3)(A), pursuant to the Digital Millennium Copyright Act 17 U.S.C.§ 512(c)(2) to the person identified below as our Agent with the following information:
Our Agent can be reached as follows:
Pursuant to the Digital Millennium Copyright Act and other applicable law, The Foundation has the right to terminate, in its sole discretion, any users, subscribers, posters, or those deemed to be repeat infringers. The Foundation, in its discretion, also may limit access to the Site and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not such activity constitutes repeat infringement.
The Foundation may forward a copy of a valid notice including Your name and email address to the person or entity alleged to have infringed Your rights. That person or entity may exercise rights of counter notification under Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act.
Hyper-linking to the Sites for any purpose is prohibited, without the express, written consent of The Foundation.
The Site may contain links to third-party websites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to users of the Site. Your use of any links, Third-Party Sites or Third-Party Content is at Your own risk. The Foundation has no control over and makes no claim of ownership regarding Third-Party Content or Third-Party Sites. The Foundation provides these links only as a convenience and does not endorse, adopt or sponsor, any such Third-Party Sites or Third-Party Content. It is Your responsibility to ensure that any links that You select from the Site are free from viruses, trojans, worms or other defects. The Foundation is not responsible for any loss and/or damages that arise out of or that occur in connection with Your use or reliance on any content, products or services available through Third-Party Sites or Third-Party Content.
The Site may contain advertisements of third parties. The inclusion of such advertisements on the Sites does not imply an endorsement or sponsorship by The Foundation of the advertised product(s), service(s) or company. The Foundation is not responsible for the statements of such advertisers, and The Foundation makes no representations or warranties in connection with products, services, or companies advertised by third parties on the Site. The Foundation is not responsible for any loss and/or damages that arise out of or that occur in connection with Your dealings with third party advertisers on the Site.
THROUGH SPEED OF LIGHT – THE ASTRO FOUNDATIONS’S PARENT ASSOCIATION, THE AMERICAN SOCIETY FOR RADIATION ONCOLOGY (these items are Terms related to links from The Foundation’s Website to ASTRO’s various Websites):
The ASTRO Radiation Oncology Career Center (careers.astro.org) is a third-party site that offers employers and job seekers a resource for online employment connections. The Career Center offers, among other things, the ability to upload and post resumes and letters of recommendations, a searchable database of job opportunities, and the ability for employers to search for potential candidates, post job listings, and connect with jobseekers. You acknowledge that ASTRO has no obligation to screen, edit, modify, censor, or determine the truth or legality of the job listings posted in the Career Center, or the resumes, letters of recommendation, or other content provided by jobseekers. You acknowledge that ASTRO does not and has no obligation to participate in any communications, negotiations, dealings or transactions between jobseekers, employers or other third parties with whom You come into contact through the site. ASTRO shall not be responsible for any employment decisions made by employers. ASTRO does not endorse or sponsor any employer, and ASTRO makes no representations or warranties in connection with such employers. You assume all risks associated with Your use of the Career Center and Your dealings with any employers, jobseekers, or other third parties with whom You come into contact through the Career Center site. Your use of the Career Center is subject to additional terms noted on the careers.astro.org site.
Certain benefits and services are made available to ASTRO's Members through independent third party providers. These services, discount or benefit programs are not administered or endorsed by ASTRO, and ASTRO merely provides access to such programs as a convenience to its Members. ASTRO is not responsible for the practices of the independent providers and administrators of these services and benefit programs or for any dealings between You and such providers or administrators. You acknowledge that ASTRO is not responsible for any loss and/or damages that arise out of or occur in connection with Your dealings with these third party providers, or in connection with any products or services that You use, purchase or are offered through such third party providers.
Additional terms of use and codes of conduct may apply to Your use of certain areas of the Sites or third party sites accessed through the Sites. Such terms may appear in the form of a pop-up or link, or are otherwise posted in specific areas of the Sites in connection with particular products or services provided to You. It is your responsibility to familiarize yourself with these terms before using these sites. Specific services subject to additional terms of use or codes include but are not limited to ASTRO's member community (ROhub), practice accreditation program (APEx), career center, journals, abstract submission software and other entities assisting with ASTRO's educational offerings.
Webinars or courses may be recorded or captured by ASTRO or its agents in any media by and with the consent of ASTRO for eventual resale, or other commercial or non-commercial use. By joining or attending a webinar or course, You consent to such recording or capture of You or anything You provide.
ASTRO's Accreditation Program for Excellence (APEx) endeavors to provide accurate and reliable information about its accredited organizations, but any reliance on such information is at Your own risk.
The information and materials available through the Websites, including without limitation the ASTRO Interactive Areas, are for informational and educational purposes only and are not substitutes for the professional judgment of a health care professional in diagnosing and treating patients, of a lawyer providing you with competent legal advice, or other professionals whose advice is needed. Your use of the Sites does not create a professional services or any other relationship. The medical, scientific, legal and any other professional or general information included on the Websites may reflect innovations and opinions not universally shared and does not necessarily reflect the view of ASTRO. ASTRO and the Websites, including without limitation ASTRO's Interactive Areas, do not give medical, legal or other professional advice, or provide medical or diagnostic services. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE WEBSITES, INCLUDING WITHOUT LIMITATION ON ASTRO'S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
RTAnswers lists ASTRO members who are radiation oncologists and who have consented to be listed in this resource. ASTRO does not endorse radiation oncologists or any other professional service provider, and ASTRO makes no representations or warranties in connection with such providers. ASTRO endeavors to provide accurate and reliable information about its radiation oncologist members, but any reliance on such information is at Your own risk.
You acknowledge and agree that ASTRO shall not be held liable for any loss and/or damages that arise out of or occur in connection with Your dealings with a radiation oncologist listed in RTAnswers or his or her agents, or for any act, error, omission, representation, warranty, breach or negligence of such radiation oncologist, or for any personal injuries, death, property damage or other damages or expenses resulting therefrom.
The information, software, products and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Foundation may make improvements and/or changes in the website at any time. Advice received via the website should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.
The Foundation makes no representations about the website, including without limitation the websites' suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services and graphics. The Foundation provides the website, including without limitation all information, materials, software, products, services, and graphics "as is" without warranty of any kind. The Foundation disclaims all warranties and conditions with regard to the website, 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 website is to discontinue using the website. You are solely responsible for any damage to your computer system or other equipment or loss of data that may result from your use of the sites. You expressly waive and agree not to assert any claims or allegations of any nature whatsoever against The Foundation, its respective directors, officers, employees, or agents arising out of or relating in any way to your use of the sites or services related to the site, the content or any material contained or accessible through the site. The above limitation includes any claims or allegations relating to the infringement of proprietary rights, the inaccuracy of any content or allegations that The Foundation has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the site.
The Foundation in no event, under any circumstances whatsoever, shall be liable for any direct, indirect, compensatory, punitive, incidental
