Revised April 30, 2018.
The Proton-therapy.org website (this “Site”) is owned and operated by the National Association for Proton Therapy (“NAPT”, “Company” or “we”). By using this Site, you accept and agree to be bound by, without limitation or qualification, these terms of use.
- MEDICAL DISCLAIMER / ASSUMPTION OF RISK
1.1 NAPT DOES NOT PROVIDE MEDICAL CARE SERVICES OR MEDICAL ADVICE. All content, including text, graphics, images, and information, available on or through this Site (“Content”) is for general informational purposes only and is NOT intended to be and should NOT be used as a substitute for in-person professional medical advice, diagnosis or treatment. NEVER DISREGARD IN-PERSON PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. NEVER RELY ON INFORMATION ON THIS SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.
1.2 THIS SITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you believe your condition or situation is life-threatening, please call 911 or your emergency medical system immediately. Do not rely on this Site or any electronic communications with NAPT for assistance with urgent medical needs. We cannot guarantee response times if you choose to use this Site in the event of a medical emergency.
1.3 NAPT Not Liable: NAPT IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THIS SITE.
1.4 No Endorsements: This Site may contain links to third-party websites, products and/or services (each, a “Linked Third-Party Site/Product/Service”). NAPT does not endorse the content on any Linked Third-Party Site/Product/Service. NAPT is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site/Product/Service. Your use of any Linked Third-Party Site/Product/Service is at your own risk and subject to the terms and conditions of use and privacy policies for such Linked Third-Party Sites/Products/Services. NAPT is not a referral service and does not recommend or endorse any specific hospitals, providers, physicians or others.
1.5 Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS SITE IS SOLELY AT YOUR OWN RISK.
- NATIONAL ASSOCIATION FOR PROTON THERAPY (“NAPT”) INTELLECTUAL PROPERTY RIGHTS
2.1 Copyrights: All Content, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of NAPT, our members, partners, third-party licensors, and other providers of such material and is protected by U.S. and international copyright laws. Except as permitted below, any other use of such Content, including modification, transmission, presentation, distribution, or re-publication is prohibited without the express prior written consent of NAPT.
2.2 Trademarks: All trademarks, trade names, logos, brand names, and service marks of NAPT, whether registered or unregistered, are the property of NAPT and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of NAPT. In no event may any such assets be used in connection with any product or service that is not NAPT’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits NAPT. All other trademarks, trade names, brand names, company names and/or logos appearing on this Site are the property of their respective owners.
2.3 Permissible Use: Subject to your compliance with these Terms of Use, you may use the material and Content on this Site solely for your own personal/family/household and non-commercial use in accordance with applicable laws. If we provide social media features with certain Content, you may take such actions as are enabled by such features. You may not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site. If you violate any provision of these Terms of Use, your permission to access this Site and to use such material and/or Content automatically terminates and you must immediately destroy any copies you have made of any portion of such material. Any unauthorized use, reproduction or distribution of this Site or any of its Content or materials is strictly prohibited and may result in civil and/or criminal penalties.
2.4 User Content: The Site may allow you to upload, submit, store, send or receive content (“User Content”). When you upload, submit, store, or send User Content to or through the Site, you grant NAPT a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such User Content. This license shall continue even if you stop using the Site.
2.5 Account Information: You will need to provide certain information and create a username and password with the Site in order to access certain Services, such as the “Members Only” section. You represent and warrant that the information you provide is accurate and complete. You are solely responsible for keeping your password confidential for all uses of our Site and the Services by or with your account. Failure to do so may compromise the confidentiality and/or security of your or NAPT’s information, including Content from the Members Only section (“Members Only Content”). You agree that you will not share your username or password or disclose, reproduce, sell, or transfer Members Only Content with or to any persons not authorized by NAPT, unless required by law and only after notice to NAPT. Please notify NAPT immediately if you are aware of any unauthorized access to or use of your account or Members Only Content.
2.6 Restrictions on Use: As a condition to your use of the Site and services, you agree you will not: (i) use the Site or services to infringe the intellectual property rights of NAPT or others in any way; (ii) use the Site or services, or attempt to penetrate, modify or manipulate the Site or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site or services; (iii) attempt to access information that is not otherwise deliberately made available to you through the Site or services; (iv) modify, erase or damage any information contained on the computer of any user connected to the Site or services; (v) submit, upload, post or transmit any user-originated content or material that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; (vi) interfere in any way with the operation of this Site or any server, network or system associated with this Site; (vii) reverse engineer any portion of the Site or services; or (viii) make any other use of the Site or services that violates these terms of use or any applicable law. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by NAPT.
- DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES; RESERVATION OF RIGHTS
3.1 No Warranty: YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF NAPT THAT MAY BE RENDERED THROUGH THE SITE OR OTHERWISE ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NAPT DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED. NOR DOES NAPT WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS. NAPT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THIS SITE WILL BE AVAILABLE TO YOU. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.
3.2 Limitation of Liability: NAPT, ITS AFFILIATES, SERVICES PROVIDERS AND EACH RESPECTIVE ORGANIZATION’S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF ITS CONTENT OR MATERIALS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH NAPT CONCERNING THIS SITE IS TO STOP USING THIS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
3.3 Consent to Electronic Communications and Transactions: When you visit or use this site and the services associated with it or when you send emails to NAPT, you are communicating with NAPT or others electronically. You consent to these methods of electronic communication and consent to NAPT’s access, use and disclosure to personally identifiable information that may be contained in the electronic communications and as set forth in NAPT’s privacy policy, which is incorporated herein by reference.
3.4 Reservation of Rights: We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of this Site; (2) restrict, limit, suspend or terminate your and/or any other user’s access to this Site; (3) monitor any user’s use of this Site to verify compliance with these terms of use and/or any applicable law; (4) investigate any suspected or alleged misuse of this Site and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of this Site in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.
- GOVERNING LEGAL PROVISIONS
4.1 Governing Law and Jurisdiction: You agree that these terms of use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia for all purposes without regard to or application of its conflict-of-laws provisions. You hereby consent to the exclusive jurisdiction and venue of the local, state, or federal courts located in Fairfax County, Virginia.
4.2 Severability: If any provision of these terms of use or of any other legal notices posted by NAPT on this Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use should remain in full force and effect.
4.3 Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms of use or of any other legal notice posted by NAPT on this Site.
4.4 Notices: If you have questions or comments regarding this Site or NAPT, please contact us at 1301 Highland Drive, Silver Spring, Maryland 20910.
- CHANGES TO THESE TERMS OF USE
5.1 Right to Make Changes: We reserve the right to make changes to these terms of use at any time. If we make material changes that would impact your use of this Site, we will endeavor to notify you of the changes, such as by posting a notice directly on this Site, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.
5.2 Effectiveness of Changes: By continuing to use this Site after such notice, you agree to be bound by these terms of use as modified. If you do not agree with changes to these terms of use, or if you are dissatisfied with this Site for any reason, your sole and exclusive remedy is to discontinue use of this Site.