Terms of use
AGREEMENT BETWEEN USER AND Eastern Association for the Surgery of Trauma
The Eastern Association for the Surgery of Trauma Website is comprised of various web pages operated by Eastern Association for the Surgery of Trauma (EAST).
The EAST Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the EAST Website constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
EAST reserves the right to change the terms, conditions, and notices under which the EAST Website is offered, including but not limited to the charges associated with the use of the EAST Website.
LINKS TO THIRD PARTY SITES
The Eastern Association for the Surgery of Trauma Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EAST and EAST 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. EAST is not responsible for webcasting or any other form of transmission received from any Linked Site. EAST is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EAST of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EAST Website, you warrant to EAST that you will not use the EAST Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EAST Website in any manner which could damage, disable, overburden, or impair the EAST Website or interfere with any other party's use and enjoyment of the EAST Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EAST Websites.
USE OF COMMUNICATION SERVICES
The Eastern Association for the Surgery of Trauma Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
EAST has no obligation to monitor the Communication Services. However, EAST reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EAST reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
EAST reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EAST's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EAST does not control or endorse the content, messages or information found in any Communication Service and, therefore, EAST specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EAST spokespersons, and their views do not necessarily reflect those of the Eastern Association for the Surgery of Trauma.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Eastern Association for the Surgery of Trauma OR POSTED AT ANY Eastern Association for the Surgery of Trauma WEBSITE
EAST does not claim ownership of the materials you provide to EAST (including feedback and suggestions) or post, upload, input or submit to any EAST Website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EAST, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. EAST is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EAST's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH The Eastern Association for the Surgery of Trauma WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Eastern Association for the Surgery of Trauma AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN The Eastern Association for the Surgery of Trauma WEBSITE AT ANY TIME. ADVICE RECEIVED VIA The Eastern Association for the Surgery of Trauma WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
The Eastern Association for the Surgery of Trauma AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON The Eastern Association for the Surgery of Trauma WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. The Eastern Association for the Surgery of Trauma AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL The Eastern Association for the Surgery of Trauma AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF The Eastern Association for the Surgery of Trauma WEBSITE, WITH THE DELAY OR INABILITY TO USE The Eastern Association for the Surgery of Trauma WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH TheE Eastern Association for the Surgery of Trauma WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF The Eastern Association for the Surgery of Trauma WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF The Eastern Association for the Surgery of Trauma OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF The Eastern Association for the Surgery of Trauma WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING The Eastern Association for the Surgery of Trauma WEBSITE.
With respect to documents available on this website, neither the Eastern Association for the Surgery of Trauma nor its Board of Directors nor its Members makes any warranty express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights.
At certain places on this website live links to other Web sites can be accessed. Such external links contain information created, published, maintained or otherwise posted by institutions, individuals, or organizations independent of EAST. EAST does not control these external sites and does not guarantee the accuracy, completeness or timeliness of information located on them.
SERVICE CONTACT : webmaster@east.org
MEDICAL TREATMENT INFORMATION
Portions of this website contain information regarding medical treatment or upon which medical treatment discussions may be based. That information is subject to the same policy and disclaimer notices set forth herein. No decisions regarding medical care or treatment should be made on the basis of information contained on this website alone. The responsibility for filling out any forms, or for proper medical treatment rests with the individual and his or her treating physician.
TERMINATION/ACCESS RESTRICTION
The Eastern Association for the Surgery of Trauma reserves the right, in its sole discretion, to terminate your access to the Eastern Association for the Surgery of Trauma Website and the related services or any portion thereof at any time, without notice.
GENERAL - To the maximum extent permitted by law, this agreement is governed by the laws of the State of Tennessee. and you hereby consent to the exclusive jurisdiction and venue of courts in Tennessee, U.S.A. in all disputes arising out of or relating to the use of the Eastern Association for the Surgery of Trauma Website. Use of the Eastern Association for the Surgery of Trauma Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eastern Association for the Surgery of Trauma as a result of this agreement or use of the Eastern Association for the Surgery of Trauma Website. Eastern Association for the Surgery of Trauma's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eastern Association for the Surgery of Trauma's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Eastern Association for the Surgery of Trauma Web Site or information provided to or gathered by Eastern Association for the Surgery of Trauma with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eastern Association for the Surgery of Trauma with respect to the Eastern Association for the Surgery of Trauma Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eastern Association for the Surgery of Trauma with respect to the Eastern Association for the Surgery of Trauma Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Eastern Association for the Surgery of Trauma Website are: Copyright 2011 by the Eastern Association for the Surgery of Trauma and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act (“DMCA”), EAST has designed to the U.S. Copyright Office an agent to receive notices of claimed copyright infringement. All such notices (each a “DMCA Notice”) must be in writing and must include the following information:
- Your physical or electronic signature.
- Your contact information (full name, mailing address, email address, and phone number).
- Identification of the copyrighted material that you claim has been infringed.
- Identification of the material from the EAST Groups that you claim infringes your copyright in a sufficiently precise manner to allow us to locate that material.
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the DMCA Notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Scott S. Fintzen
Gaido & Fintzen
320 Walnut Street
St. Charles, IL 60174
sfintzen@gaido-fintzen.com