TERMS AND CONDITIONS
This page states the Terms and Conditions under which you may use the ISID web site and any related services (the “Web Site”). Please read this page carefully. If you do not accept these Terms and Conditions, do not use the Web Site. By using the Web Site, you are indicating your agreement to be bound by these Terms and Conditions. ISID may revise these Terms and Conditions at any time by posting an update to this page. You should visit this page periodically, because your continued use of the Web Site following the posting of changes to these Terms and Conditions will mean you accept those changes. The terms “you” and “user” as used herein refer to all individuals and/or entities accessing the Web Site for any reason.
The content provided by the Web Site and by any related services, including, but not limited to, ProMED emailings, text, graphics, sounds, images and other material (the “Material”), are owned by ISID and third party service providers (“Service Providers”), and are protected by United States and foreign intellectual property laws. Unauthorized use of the Material may violate copyright, trademark and other laws.
ISID authorizes you to view and download a single copy of the Material solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.
You may not copy or adapt the HTML or other code that ISID uses to generate its pages. This code is also protected by ISID’s copyright and other intellectual property rights.
General Rules: You may not use the Web Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules: You are prohibited from violating or attempting to violate the security of the Web Site or from using the Web Site to violate the security of other web sites by any method, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization, (c) attempting to interfere with service to any user of the Web Site, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing” the Web Site, (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any ISID packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. ISID may investigate violations of these Terms and Conditions and may involve and cooperate with law enforcement authorities in prosecuting users of the Web Site who are involved in such violations.
Specific Prohibited Uses: ISID specifically prohibits any use of the Web Site, and you agree not to use the Web Site, for any of the following:
- distributing or otherwise publishing, without the ISID’s written approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
- soliciting other users of the Web Site to join or become members of any online service; or
- deleting or revising any material posted by any other person or entity.
The following are trademarks of ISID:
This list is not a comprehensive list of all ISID trademarks. The absence of a trademark, product or service name or logo from this list does not constitute a waiver of ISID’s trademark or other intellectual property rights concerning that name or logo.
All other products and company names mentioned in the Web Site may be trademarks of their respective owners.
If you link to the Web Site, you must comply with the following restrictions:
- You may link only to the ISID home page (https://www.imed.isid.org/).
- You may not imply that the ISID is endorsing your website or products.
- You may not misrepresent your relationship with ISID.
- You may not present false information about the ISID’s products or services.
- You may not use ISID trademarks or logos without the written permission of the ISID.
- Your website must not contain content that could be construed as distasteful or offensive.
By submitting content to the Web Site, including ProMED-mail alerts and message board postings, you grant the ISID and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
The Web Site and Material may contain inaccuracies or typographical errors. The ISID makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or Material. The use of the Web Site and the Material is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Web Site at anytime, without notice. The Web Site is intended for informational purposes and is not meant to substitute for the advice provided by a medical professional. Always consult a physician if you have personal health concerns.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any material placed by you on the Web Site.
THE ISID DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, THE ISID IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND THE MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE ISID DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE ISID SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY.
THE MAXIMUM AGGREGATE LIABILITY OF THE ISID UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS RECEIVED FROM YOU DURING THE THIRTY-DAY PERIOD PRIOR TO THE DATE THE LIABILITY AROSE.
NEITHER THE ISID NOR ITS SERVICE PROVIDERS SHALL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF THE ISID OR AN ISID AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE, THE SERVICE OR ANY HYPERLINKED WEB SITE.
The Web Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the ISID of the contents of such third-party web sites. The ISID is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.
The ISID cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Web Site, because these sites are owned and operated by independent entities. The ISID does not endorse any of the merchandise, nor has the ISID taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. The ISID does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.
The ISID reserves the right, at its sole discretion, to immediately terminate your ability to access the Web Site and/or any other service provided to you by the ISID, upon any breach by you of these Terms and Conditions.
You agree to defend, indemnify, and hold harmless the ISID, Service Providers, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The ISID will provide notice to you promptly of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit or proceeding.
The ISID makes no claims that the Material may be lawfully viewed or downloaded outside of the United States. Access to the Material may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction of any claims arising under these Terms and Conditions will lie exclusively with the state or federal courts within Boston, Massachusetts. You agree that you may not institute any action in any form arising out of use of the Web Site, the Materials or these Terms and Conditions more than eighteen (18) months after the cause of action has arisen. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect. No waiver of any provision of these Terms and Conditions will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in another statement by The ISID on the Web Site, these Terms and Conditions constitute the entire agreement between you and the ISID with respect to the use of Web Site. No changes to these Terms and Conditions may be made except by a revised posting on this page.