Terms of Use
Revised September 2006The Oncology Nursing Society ("ONS") along with the ONS Foundation, Oncology Nursing Certification Corporation (ONCC), and ONSEdge (together, "Affiliated Orgnizations") through ONS and Affiliated Organizations websites (together "Sites") provide information about ONS and Affiliated Organizations services and products. The Sites are sponsored by ONS and Affiliated Organizations and may be funded, in part, by unrestricted educational grants from corporate sponsors.
The Sites are owned and operated by ONS. Your use of the Sites, including participation in its List Serves, is governed at all times by the following Disclosures, Disclaimers, Usage Rules (collectively, the "Terms of Use" or "Terms"), and our Privacy Statement that is found at http://www.ons.org/privacy.shtml, as they may be amended from time to time. Please read these Terms and the Privacy Statement carefully. You must be 18 years of age to use the Sites. Your use of the Sites will constitute your representation of the accuracy of such age eligibility and your agreement to comply with these Terms. If you are not at least 18 years of age and/or cannot agree with these Terms, please do not use the Sites. ONS reserves the right to modify, revise or amend these Terms and the Privacy Statement from time to time in its sole discretion. When you visit the Sites, you are bound by the version of these Terms and the Privacy Statement that is in effect at the time of your visit. If you cannot agree with such revised terms, signify this by discontinuing use of the Site.
The intent of this document is to: (1) inform you about the legal limitations we place on the Sites; and (2) gain your understanding and agreement that you will comply with our Terms of Use concerning use of the Sites. In essence and in fact, we are contracting with you and you with us (should you accept) to honor these legal Terms of Use for our mutual benefit.
THE INFORMATION AND OPINIONS ACCESSED THROUGH THE SITES ARE NOT MEDICAL ADVICE.
The Sites have been developed as a service of ONS. Like any other service, in spite of our best efforts the information in these Sites may become out of date over time. Nothing on the Sites should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action, health related or otherwise. Healthcare providers should exercise their own independent clinical judgment. Some of the information in the Sites may cite the use of a product in a dosage, for an indication, or in a manner other than that recommended in the product labeling. Accordingly, the official prescribing information should be consulted before any such product is used.
ONS and ONS' contractors and service providers do not assume responsibility for the content presented within the Sites nor do the parties assume responsibility for or endorse the content presented within any Web site associated with or linked to the Site. In addition, ONS assumes no responsibility for the content presented in the event recordings, or transcripts of such recordings, available for download in any media format on the Sites nor does ONS endorse or assume liability for any of the speakers' content of such event recordings. WE DO NOT, AND CANNOT, WARRANT OR REPRESENT THAT THE INFORMATION ON THE SITES IS THE MOST CURRENT INFORMATION ON THE SUBJECT OR TOPIC. ONS accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on th Sites.
ONS does not guarantee that the electronic publications or transcripts of live presentations, available on the Sites are free of errors or omissions. Readers are advised to consult the print edition of each publication for the authoritative text.
Some features and functionality discussed in these Terms may not be available on the Sites.
Translation
The information on the Sites is originally published in English. Sections
of the Sites may offer machine translation software that allows for real-time
translation of information into Spanish, Italian, Portuguese, German, and
French. Translations from English may not always be accurate or precise. ONS
does not warrant such translations and disclaims any responsibility, including
all alleged direct and consequential damages, for inaccurate translations.
Readers relying on precise information should check the original English versions.
Advertising
All advertising is subject to the approval of ONS.
Rules of Usage
The Sites are intended to provide a forum for a robust and free-flowing exchange
of oncology nursing information, opinions, and comments. Since the Sites are
designed to provide an enjoyable and informative experience for all users
of the Sites, you agree to abide by certain rules regarding your participation
and your comments.
User Identity
All users who register for members-only areas of the Sites are required to
provide accurate name and electronic mail address information. As a Site user,
your right to use the service is personal to you--you may not authorize others
to use the Sites with your account, further you are responsible for all use
of the Sites through your account, whether or not you actually authorized
such use. Accordingly, you should not supply or allow access to your password
to anyone. If you want to change your password, you may do so at any time
by accessing your account and selecting a new password. It is recommended
to change your password on a regular basis. NOTE: You can increase the protection
provided by a password system by choosing different passwords for use at other
Web sites.
Prohibited Materials and Activities
User agrees that he/she is solely responsible for material he/she submits
to the Sites and agrees not to engage in unacceptable use of the Sites, including
List Serves and e-mail, which includes, without limitation, use of same to:
(a) disseminate, store or transmit unsolicited messages, chain letters or
unsolicited commercial e-mail; (b) disseminate or transmit material that,
to a reasonable person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate,
store or transmit files, graphics, software or other materials that actually
or potentially infringes the copyright, trademark, patent, trade secret or
other intellectual property right of any person; (d) create a false identity
or to otherwise attempt to mislead any person or ONS as to the identity or
origin of any communication; (e) interfere, disrupt or attempt to gain unauthorized
access to other accounts on the Sites or any other computer network; (f) disseminate,
store or transmit viruses, Trojan horses or any other malicious code or program;
(g) engage in conduct that would constitute a criminal offense, give rise
to civil liability, or otherwise violate any local, state, national or international
law or regulation; or (h) engage in any other activity deemed by ONS to be
in conflict with the spirit or intent of the Terms of Use.
Access, Editing and Deletions
ONS reserves the right to, without notice, at any time and for any reason,
remove or disable access to all or any portion of the Sites and included in
same is the right to: (1) review, edit, move, or delete any inappropriate
or inaccurate material provided for display or posted in the List Serves,
and (2) to limit, restrict or deny access to those who violate the Terms of
Use or otherwise do not observe appropriate professional decorum, all as determined
in its sole discretion.
Links to Third Party Sites
This U.S.-based Site may link you to other Web sites on the Internet, including
the Web sites for ONS affiliates in other countries. ONS cannot take responsibility
for information found on third party Web sites outside its control. While
ONS attempts to provide links only to third-party Web sites that comply with
all applicable laws and regulations and ONS' standards, please understand
that the content on these third-party Web sites is subject to change without
notice to ONS. We therefore cannot be responsible for, and accept no liability
for, any information or opinion contained in any third-party Web site.
Copyright and Intellectual Property
ONS hereby authorizes you to copy materials published by it on the Sites for
non-commercial use only, provided any copy of these materials which you make
shall retain all copyright and other proprietary notices and any disclaimer
contained thereon and on the Sites. You may not in any way make commercial
or other unauthorized use by publication, retransmission, distribution, or
otherwise, of material obtained through the Sites, except as permitted by
the Copyright Act or other law.
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any ONS copyright.
ONS claims no ownership in, nor any affiliation with, any third-party trademarks appearing in the Sites. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of ONS should be inferred from the use of these marks.
Should any viewer of an ONS published document respond with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any such ONS material, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
Submission of Comments, Ideas, and Other Information
Postings to the List Serves are not private, but specific information about
individual users will not be made available to industry supporters (see Privacy
Policy). You grant ONS a royalty-free, irrevocable, unrestricted, nonexclusive
worldwide license to use, reproduce, modify, translate, sublicense, display
and distribute in any medium (now in existence or hereafter developed) any
material you post to the Sites or provide to us, including but not limited
to feedback or ideas regarding the Sites, content, comments, suggestions,
ideas, concepts, or other information including personal contact information
(collectively, "Submission") for any purpose, commercial or otherwise,
as determined by ONS in its sole and absolute discretion without compensation
to you, subject to the terms of our Privacy Policy. Except as expressly provided,
submissions shall not be subject to any obligation on our part, including,
without limitation, any obligation of confidentiality, and we shall not be
liable for any use or disclosure (including publication in any medium) of
any Submissions.
Comments by Users Are Not Endorsed by ONS
ONS does not necessarily endorse, support, sanction, encourage, verify, or
agree with the comments, opinions, or statements posted in the List Serves
or otherwise contained within the Sites. Any information or material placed
online, including advice and opinions, are the views of those who post the
statements and do not necessarily represent the views of ONS.
Indemnification
You agree to indemnify ONS and its affiliates, subsidiaries, shareholders,
directors, employees, agents, and representatives and to hold them harmless
from any and all any action, cause, claim, damage, debt, demand or liability
(including attorney fees and costs) that may arise from your submissions,
from your unauthorized use of material obtained through the Sites, from your
breach of these rules, or from any such acts conducted through your account.
You further agree that ONS is not responsible and shall have no liability
to you with respect to any posting on the Site, including postings made by
ONS itself.
No Warranties; As Is
THE SITES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED
IN THE SITES, ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS",
AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE
SITES. WE HEREBY DISCLAIM AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND
WITH REGARD TO THE SITES OR ANY CONTENT OR SERVICES PROVIDED ON THE SITES,
EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCE, INTERFERENCE
WITH YOUR ENJOYMENT OF THE SITES OR AGAINST INTELLECTUAL PROPERTY INFRINGEMENT.
WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE
AVAILABILITY OF THE SITES AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS
OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE.
No Incidental, Consequential, Or Other Special Damages
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM OR CAUSE
OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT ONS WILL NOT BE
LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL,
OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, AND THE LIKE, ARISING
OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER
THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. Pennsylvania
Law Governs; Exclusive
Allegheny County/Pennsylvania Jurisdiction
These Terms of Use and any dispute arising hereunder will be governed and
construed in accordance wit the laws of the State of Pennsylvania, U.S.A.,
without giving effect to the principles of its conflict of law provisions.
The parties to this Agreement agree and consent to the jurisdiction of and
venue in the state or federal courts in Allegheny County, Pennsylvania, U.S.A.
in all disputes arising out of or relating to this Agreement.
