USER REGISTRATION. You are required to register in order to access certain features of the Site. You can choose or be assigned a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. Cathview.org will not be liable for any loss or damage arising from your failure to keep your account information protected.
The user acknowledges that:
- Use of the Services is at one’s own risk, in particular regarding the download of data, files or software that could harm the computer. Cathview.org is not liable for any data loss, virus, computer bug or damage to the computer;
- Cathview.org does not guarantee the suitability of the information presented and user expectations;
- Cathview.org does not guarantee the quality and / or the legality or compliance with the law of content not created by Cathview.org, in particular the content and opinions expressed by users or broadcast on external websites accessed through a hyperlink ;
- Cathview.org cannot be held responsible for the release of data by the user in violation of rights, including private, held by third parties;
- Cathview.org cannot be held liable for damages resulting from technical reasons including the unavailability of its website and any defects affecting the operation of it;
- Cathview.org cannot be held responsible for any decision taken on the basis of information on this website, nor for the use that could be made by third parties and, particularly, disclaims any liability arising from the transmission of confidential information on the Internet.
Access to the Site
You are responsible for keeping passwords assigned to you to access services on Cathview.org. It is your responsibility to implement the precautionary and security measures to protect your password and login. Contact Cathview.org immediately, in case of loss or theft of password and / or login, or in case your password and login have been used by an unauthorized third party.
Copyright and Limited License
Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, but not limited to, Our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, Videos, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the Materials) are Our property or that of Our Affiliates, licensors or users and are protected by United States and/or international copyright laws.
You are granted a limited, non-sublicensable and non-exclusive right to create a text hyperlink to the Site for non-commercial purposes; provided such link does not portray Us or any of Our products or services in a false, misleading, derogatory or otherwise defamatory manner; and provided, further, that the linking site does not contain any pornographic, illegal material or material that is offensive, harassing or otherwise objectionable material. This limited right may be revoked by Us at any time, with or without any reason. You may not use a Cathview.org logo or any other of Our proprietary graphics to link to the Site without Our prior written consent. Further, You may not use, frame or utilize framing techniques to enclose any Cathview.org trademark, service mark, logo or any other of Our proprietary information, including, but not limited to, the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Our prior written consent. Except as noted above, You are not conveyed any right or license by implication, estoppel or otherwise in or under any of Our patent, trademark, copyright or proprietary rights or those of any third party.
By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including, but not limited to, any User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of Us or others (including, but not limited to, Our Affiliates), endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of Us or others (including, but not limited to, Our Affiliates). By posting any User Content, You represent and warrant that You have the lawful right to use, display, distribute, and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents Your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private information of Us or others (including, but not limited to, Our Affiliates), including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- Viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in Our sole judgment, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Us or Our users to any harm or liability of any nature or type.
Your License to Cathview.org. By posting or submitting any material (including, without limitation, case studies, charts, records, studies, text, photos and videos) to us via the Site, you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner or subject of the material, including any waivers of the right of publicity or privacy. You grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display the material in whole or in part.
- HEALTHCARE PROFESSIONAL’S OBLIGATION REGARDING PATIENT DATA AND LEGAL COMPLIANCE. Features of the Site may enable you to upload, post, transmit, store, review or receive confidential patient information ("Patient Information").
- Canadian and International laws, and your professional ethical and licensure requirements may impose obligations on you with respect to patient confidentiality that limit your (and the persons acting on your behalf) ability to make use of certain materials or to transmit certain information to third parties. You represent and warrant that you will 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 patient information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws at all times.
- You are solely responsible for obtaining and maintaining all patient authorizations and consents, if applicable, and all other legally necessary permissions required or advisable in order to disclose, process, retrieve, transmit, and view the patient information you post on the Site. You agree Cathview.org licensors and licensees, and all other persons or entities involved in the operation or use of the Site, have the right to monitor, retrieve, store, review and use the patient information you post on the Site and you acknowledge that CTOF and Cathview.org act on your behalf in hosting the posted patient information and the discussion thereof.
- Cathview.org DISCLAIMS ALL RESPONSIBILITY FOR YOUR USE OR MISUSE OF PATIENT INFORMATION OR OTHER INFORMATION UPLOADED, POSTED, TRANSMITTED, MONITORED, STORED OR RECEIVED WHILE USING THE SITE. Cathview.org AND CTOF RESERVE THE RIGHT TO AMEND OR DELETE ANY MATERIAL, AND REVOKE ANY MEMBERSHIP OR RESTRICT YOUR ACCESS AND USE OF THE SITE THAT IN OUR SOLE DISCRETION THAT VIOLATES THE ABOVE.
- INTERNATIONAL LAWS. When using the Site, on the Site, or in any other media selected by Cathview.org, the User must obey all applicable international, and local laws. The Site was created and will be operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing the User’s rights to access the Site
- patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits any person in a sexual or violent manner;
- contains nudity, excessive violence, or offensive subject matter;
- solicits or is designed to solicit personal information from anyone under 18;
- constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- involves commercial activities and/or sales without prior written consent from Cathview.org such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person; and
- material related to criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets.
- USER SUSPENSION AND/OR TERMINATION. Cathview.org may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
- Third Party Listings. The listing of any third party professional or other goods or services provider on the Site is provided solely as a convenience for the User. Cathview.org’s listing of any third party does not create a partnership or affiliation with the third party. Cathview.org’s listing of any third parties does not constitute sponsorship or endorsement of these professionals or service providers. The User shall make a competent consumer decision before employing the services of any listed third party professional or service provider. The User bears all risk associated with the employing of any third party and obtaining their goods or services.
- MEDICAL DISCLAIMER. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS-IS” FOR GENERAL INFORMATION ONLY. THE INFORMATION CONTAINED ON THIS SITE IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH PROFESSIONALS. THE INFORMATION ON THIS SITE SHALL NOT REPLACE A HEALTH CARE PROFESSIONAL’S JUDGMENT AND HEALTHCARE PROFESSIONALS SHALL NOT SOLELY RELY ON THE INFORMATION ON THE SITE IN DIAGNOSING OR TREATING PATIENTS.
- DISCLAIMER OF WARRANTY. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. Cathview.org DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF TITLE, NON-INFRINGEMENT, NO VIRUS, UPTIME, OR DATA SECURITY. THIS ALSO INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICES PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICES PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. Cathview.org DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, OR MATERIAL ON THE SITE IN TERMS OF THEIR AVAILABILITY, CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Cathview.org DISCLAIMS ALL RESPONSIBILITY FOR ANY INJURY THAT MAY OCCUR AS A DIRECT OR INDIRECT RESULT OF THE USER POSTING ANY INFORMATION ON THE SITE INTENDED TO CONVEY PHYSICAL OR MEDICAL INFORMATION, QUESTIONS, OR CONCERNS RELATED TO THE CARE OR DIAGNOSIS OF A PATIENT. SUCH POSTINGS ARE PROHIBITED PER SECTION 6(a) OF THIS AGREEMENT.
- LIMITATION OF LIABILITY. THE LIABILITY OF Cathview.org, ITS AGENTS, EMPLOYEES, SUBCONTRACTORS AND SUPPLIERS WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF THE USER’S USE OF THE SITE, OR THE RENDITION OF SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE NET TOTAL COST (EXCLUDING TAXES AND FREIGHT) FOR SUCH PRODUCTS OR SERVICES PROVIDED BY Cathview.org.
IN NO EVENT WILL Cathview.org BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON the User’s INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Cathview.org IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- USER INDEMNIFICATION. You agree to indemnify CTOF, Cathview.org and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: uploads, postings, commentary, unauthorized use of material obtained through the Site, or any other breach of this agreement.
- COPYRIGHT COMPLAINTS. Cathview.org respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Cathview.org’s copyright agent with the following information.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location of the material that you claim is infringing is located on the Site;
- Your address, telephone number and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Socius Medical Terms and Conditions
BY USING THIS COMMUNITY YOU SIGNIFY THAT YOU UNDERSTAND AND AGREE TO THE FOLLOWING:
1. OPERATOR GRANTS YOU A LIMITED RIGHT TO USE THE COMMUNITY
Operator hereby grants you a limited right and license to access the Community and use the Contributed Content (defined below), subject to the following terms and conditions. Operator reserves the right to revoke this right and license at any time without or without cause.
2. CONTRIBUTED CONTENT
In connection with your use of this Community, you may have occasion to upload or otherwise contribute ideas, comments, editorials, writings, communications, drawings, images, data or other types of content ("Contributed Content") to the Community.
You grant to the Community Operator and its affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit any Contributed Content that you post on or through the Community, and any ideas or original materials contained in such communications, in all media now known or hereafter developed. You waive all rights you may have to inspect and/or approve of any use by the Community Operator or other users of the Community of any Contributed Content.
Contributed Content is not guaranteed by the Operator or any of its third party vendors as to accuracy, completeness, or usefulness. It is the responsibility of our Community users to evaluate the accuracy, completeness or usefulness of any Contributed Content.
You agree not to upload, post or otherwise make available in the Community any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You agree and acknowledge that you have the burden of determining whether any material is or is not protected by copyright. By submitting Contributed Content, you permit any other user of the Community to access, view, store or reproduce the Contributed Content for that user's personal use or any other use permitted under the Community Guidelines (if any).
You may not post or otherwise make available in the Community any content that is illegal, obscene, threatening, defamatory, or otherwise injurious to third parties. You may not impersonate any person or entity, or otherwise mislead as to the origin of your Contributed Content.
3. NO RESPONSIBILITY FOR TRANSMITTED MATERIAL
You acknowledge that transmissions to and from this Community may not be secure or confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Community, no confidential, fiduciary, contractually implied or other relationship is created between you and the Community, the Operator, or any other third party.
4. THE COMMUNITY OR THE CONTRIBUTED CONTENT MAY NOT BE AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES
The Operator and its third party providers make no representation that the Community or any Contributed Content is appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Community from other locations, you do so on your own initiative and at your own risk. You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
5. SOCIUSMEDICAL, LLC
- SOCIUS TECHNOLOGY. This Community utilized certain proprietary property owned by SociusMedical, LLC (“Socius”), including: (i) the Socius name, the Socius logo, the product and service names associated with the software programs and services (“Programs and Services”), and other trademarks and service marks, whether or not registered; (ii) certain audio and visual information, documents, documentation, software and other works of authorship, and derivative works thereof; and (iii) other technology, software, processes, algorithms, user interfaces, know-how and trade secrets, copyrights, techniques, designs, inventions, discoveries, concepts, improvements, and other tangible and intangible technical material or information created by Socius, its employees, agents or licensors (collectively, “Socius Technology”). For clarity, the Socius Technology shall include analytics generated or collected by Socius via the Programs and Services, or collected by the Operator from users’ use of the Community, including de-identified aggregated data derived from Contributed Content. Other than as expressly set forth in this User Agreement, no license or other rights in or to the Socius Technology are granted to you or any other party, and all such licenses and rights are hereby expressly reserved by Socius. No portion of the Socius Technology may be sold or otherwise used or distributed in conjunction with any commercial purpose, unless expressly permitted in writing by Socius.
- SOCIUS TRADEMARKS. SociusMedical, SociusConnect, and SociusExpress are trademarks of Socius, and the Socius logo is a United States service mark. All other trademarks, service marks, trade names and logos appearing on the Community are the property of their respective owners.
- SOCIUS WARRANTY DISCLAIMERS; LIMITATION ON LIABILITY. To the extent permitted under applicable laws, no responsibility is assumed by Socius for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Community or related to the Socius Technology. IN NO EVENT WILL SOCIUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTRIBUTED CONTENT OR ANY OTHER INFORMATION CONTAINED IN THIS COMMUNITY; NOR SHALL SOCIUS BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS COMMUNITY, THE SOCIUS TECHNOLOGY, OR ANY LOSS OR INJURY, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL WITH RESPECT TO THE SAME, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SOCIUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- NO RESPONSIBILITY FOR TECHNICAL PROBLEMS. All or any portion of the Community may not be available and may not function properly at any time. The Community is hosted by Rackspace US Inc. Please refer to the hosting terms of service located at http://www.rackspace.com/. Socius shall not be liable for any defects, delays or errors in or resulting from your use of the Community.
- DISCLAIMER OF WARRANTIES. THE UNAUTHORIZED ALTERATION OF THE SOCIUS TECHNOLOGY OR USE OF THE SOCIUS TECHNOLOGY OUTSIDE OF THE COMMUNITY IS EXPRESSLY PROHIBITED. SOCIUS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS AND REPRESENTATIVES SHALL NOT BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, OR DAMAGES WHICH MAY ARISE ON ACCOUNT OF THE UNAUTHORIZED ALTERATION OR USE OF THE SOCIUS TECHNOLOGY OR THIS COMMUNITY.
THE SOCIUS TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SOCIUS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SOCIUS TECHNOLOGY CONTAINED IN THE COMMUNITY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
6. NOTICE AND PROCEDURE FOR NOTIFYING DESIGNATED AGENT OF CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any material on this Community infringes upon any copyright which you own or control, or that any link on this Community directs users to another Community that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with the Designated Agent as set forth below. Notifications of claimed copyright infringement must be sent to the Operator’s Designated Agent for notice of claims of copyright infringement. The Designated Agent for this Community may be reached as follows:
7. APPLICABLE LAW
This User Agreement and your use of this Community are and shall be governed and construed in accordance with the internal laws of Illinois without regard to its rules concerning conflict of laws. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States shall govern.