IMPORTANT - PLEASE READ THE FOLLOWING CAREFULLY:
This License Agreement (the "Agreement") is a binding legal agreement between you (either an individual or an entity) and the American Society of Breast Disease ("ASBD") for access to and use of the ASBD Clearinghouse on Breast Disease, which, together with any updates, are referred to collectively as the "Clearinghouse" published on the ASBD Web Site and any other website to which ASBD may, at any time, license and/or provide its ASBD Clearinghouse on Breast Disease (the "Web Site").
By clicking on the "I Accept" button below, you agree to be bound by the terms and conditions of this license agreement. If you do not accept the terms of this license agreement, you do not have the consent and permission of ASBD to view, access, or use the web version of the clearinghouse.
TERMS of the Agreement:
1. Grant of License.
The ASBD hereby grants to you a non-transferable, non-exclusive, limited license to access and use the Clearinghouse subject to the following terms set forth in this License Agreement.
2. Proprietary Rights.
You acknowledge and agree that, as between you and the ASBD, that the ASBD is the owner of all rights, title and interest in and to the Clearinghouse, including, without limitation, all copyrights, trademarks, goodwill, derivative works, and other intellectual property, registered or otherwise, and proprietary rights related thereto.
3. Restrictions on Use.
The Clearinghouse content and format may not be reproduced in any form for any purpose without the express written permission of the American Society of Breast Disease and such written consent is expressly not given herein.
Unless otherwise specified, the Web Site is for your personal and non-commercial use. 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 Web Site.
4. Limited Warranty; Disclaimers; Limitation of Damages.
The American Society of Breast Disease Clearinghouse on Breast Disease is a work in progress that will be updated and changed as the Society learns of new or current consensus statements and practice guidelines that are released and/or revised, and become publicly available.
This Clearinghouse presents statements and analyses by members of the Society's committees on consensus statements and practice guidelines developed and published by other organizations. The Clearinghouse entries are prepared by committee members with support of ASBD staff and consultants.
The American Society of Breast Disease makes no warranties of any kind whatsoever regarding the content contained herein, use or application and disclaims any responsibility for their application or use in any way.
Any clinician, healthcare practitioner, patient, or other individual seeking to apply or consult any statement listed in this Clearinghouse is expected to use independent medical judgment in the context of individual clinical circumstances to determine any patient's care or treatment. The materials presented here do not reflect the views of individual members of the Society or the Society's corporate sponsors. Clearinghouse statements may discuss uses and dosages for therapeutic products that have not been approved by the United States Food and Drug Administration. A qualified healthcare professional should be consulted before using any therapeutic product, procedure, or regimen discussed. Nothing contained in the Clearinghouse should be deemed by anyone to constitute medical advice and all users of this website are encouraged to consult a physician regarding any medical issues that may pertain to them. All Clearinghouse users should independently verify all information and data before treating patients or employing any therapies described in the Clearinghouse. In using this website, you understand and agree that the information contained in this Web Site is not intended nor implied to be used, and you will not use it, as a substitute for professional medical advice.
The Web Site is presented by the ASBD for the sole purpose of disseminating health information for public benefit. It is not intended to be, and you understand and agree that it does not constitute, the provision or practice of medical, nursing, or professional health care advice or sites in any jurisdiction.
The ASBD does not warrant the accuracy or completeness of the Clearinghouse and does not warrant or guarantee or make any representation regarding the use or the results of the use of the Clearinghouse. In no event shall the ASBD or its members be liable for any incidental, indirect, special, punitive or consequential damages arising out of or in connection with the license granted under this Agreement or use of the Clearinghouse including, without limitation, loss of life, loss of data, loss of income or profit, or other losses sustained as a result of injury to any person, or loss or damage to property, or claims of third parties, even if the ASBD has been advised of the possibility of such damages.
5. Trademarks.
The ASBD, the American Society of Breast Disease, and the ASBD logo are trademarks (the "Marks") of the American Society of Breast Disease and nothing in this Agreement shall constitute a license with respect to such trademarks. You shall not use the Marks or any confusingly similar Marks for any purpose, including, without limitation, for purposes of marketing or promoting your services, without the prior written approval of ASBD, which approval may be withheld in ASBD's sole discretion and which approval is specifically not granted herein. Each approved use of the Marks shall require the independent written approval of ASBD.
6. Updates and Corrections.
The ASBD does not represent or warrant that its Web Site or the Clearinghouse are or will be error-free, free of viruses or other harmful components, or that errors or defects will be corrected and you agree that the ASBD will not be liable for any errors, viruses, harmful components or omissions that are contained in the Clearinghouse. The ASBD hereby reserves the right to make improvements and/or changes to the Web Site, its content, features, functionality and/or to the Clearinghouse at any time.
7. Modification of License Agreement.
The ASBD reserves the right to change the terms of this Agreement at any time. Updated versions of this Agreement will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing this Agreement. Continued use of the Web Site or the Web Version of the Clearinghouse after any such changes constitutes your assent to be bound by such changes.
8. No Unlawful or Prohibited Use.
As a condition of your use of this Web Site, you warrant to the ASBD that you will not use the information contained herein for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party's use of the Web Site.
9. Other Sites.
The Web Site contains links to other Web Sites ("Linked Sites"). The ASBD makes no representations concerning any endeavor to review the content of these linked sites, and so the ASBD is not responsible for the accuracy, copyright compliance, legality or decency of material contained in these sites listed or linked from this Web Site. These linked sites are not under the control of the ASBD and the ASBD is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The ASBD is not responsible for web-casting or any other form of transmission received from any linked site. The ASBD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the site, approval of the site's consent, or any association with its operators.
10. Jurisdiction and Venue.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, and, in the event of litigation resulting from the use of this website or the materials contained therein, you consent to exclusive jurisdiction and venue in the State Courts of the State of New York. Additionally, in regards to any such litigation, you waive all available defenses relating to lack of personal jurisdiction and forum non convenience. Lastly, prior to commencing any litigation in the courts of the State of New York, both you and ASBD agree to submit to non-binding arbitration by neutral arbitrating body, consent to which shall not be unreasonably withheld.
11. General.
This Agreement contains the entire agreement between the ASBD and you relating to its subject matter. If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the validity and enforceability of the remaining provisions shall not be affected thereby.
By clicking on the "I Accept" button, you acknowledge that you have read this agreement, understand it, and agree to be bound by its terms and conditions.
