Last Updated: February 21, 2024
ELIGIBILITY; REPRESENTATIONS, WARRANTIES, AND COVENANTS
To be eligible to use the Services, you must meet the following criteria and represent, warrant and covenant that you (a) are not currently restricted from the Services or not otherwise prohibited from having an STO account; (b) will maintain only one STO account at any given time; (c) have full power and authority to enter into these Terms of -Use on behalf of yourself and the entity you represent; and (d) doing so will not violate any other agreement to which you are a party.
SECURITY AND SIGN-IN CREDENTIALS
You agree to (a) keep your password secure and confidential; (b) not permit others to use your account; (c) refrain from using the accounts of others; (d) refrain from selling, trading, or otherwise transferring your STO account to another party; and (e) refrain from charging anyone for access to any portion of the Services or Content. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
You shall not (a) use the Website to transmit spam, bulk, or unsolicited communications; (b) pretend to be STO or someone else or spoof STO’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Services or Content transmitted through the Website; (d) misrepresent your affiliation with a person or entity; (e) interfere with the Services or servers or networks used to provide the Services or disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ abilities to use the Website or Services; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national, or international law, or any regulations having the force of law, including, but not limited to, operating an illegal lottery or gambling operation, stalking, or making threats of harm; (g) use any robot, spider, data miner, crawler, scraper, or other automated means to access, monitor, copy or index the Website, the Services, the Content, or any portion or derivative thereof for any purpose (including without limitation to train or develop any machine learning or artificial intelligence program); (h) mirror or display the Website, Services, or Content or any portion thereof in frames without STO’s prior written permission; (i) collect or store personal data about other users of the Website unless specifically authorized by STO in writing; or (j) attempt to gain unauthorized access to the Websites (or to other computer systems or networks connected to or used together with the Websites), whether through password mining or any other means.
You shall not upload, post, or otherwise transmit via the Website any material that (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, or harassing; causes duress, distress, or discomfort to another; or is otherwise objectionable to STO or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights, privacy rights, or publicity rights; (d) contains software viruses, worms, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) is a form of advertising not approved in advance in writing by STO; or (f) is injurious to the interests of STO or other users of the Website. STO reserves the right to edit or remove any Content from the Website at any time, at its sole discretion, without notice to users.
STO makes no representation that your use of the Website will comply with applicable laws. We do not represent, warrant, or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content posted, displayed, linked to, or otherwise transmitted via the Website. We also do not endorse any opinions expressed in or through any such Content. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of the Content.
THIRD PARTY WEBSITES
The Website may include links to third party websites that are not owned or operated by STO. STO is not responsible for the content of any third-party website linked from the Website. Any links to third party websites are provided as a convenience to you. STO has no control over these linked websites and make no representations or warranties with respect to these linked websites. Your viewing and use of any third-party websites is at your sole discretion and risk. and you should review and comply with all terms relating to such websites. STO reserves the right not to link, or to remove the link, to any website or third-party application at any time.
DISCLAIMER OF MEDICAL LIABILITY
The information, data and opinions in the Content, including any video presentations, podcasts, articles, publications, advertisements and discussions are the opinions and responsibility of the contributor, and not STO’s. Accordingly, STO and its affiliates, officers and agents accept no liability whatsoever for the consequences of any such inaccurate or misleading data, information, opinion, or statement.
The Content is for educational purposes only and does not constitute medical advice and is not intended for use in the diagnosis or treatment of individual conditions. The Content and educational programs may from time to time discuss research, publications, off-label or unlabeled uses, or investigational uses of products or devices not yet approved by the FDA (or other applicable regulatory agencies). STO does not endorse or recommend any off-label or unlabeled uses of products or devices. If you are submitting content or presenting, it is your responsibility to disclose and identify any unlabeled, off-labeled, experimental, or investigational uses of drugs or devices. The Content is not a substitute for the medical professional’s independent medical judgment, and it is your responsibility to refer to the label, approved indications, contraindications and warnings for any product or device, and determine the appropriate treatment for the patient. The Content is not comprehensive and should not be used as a substitute for consultation with a licensed medical professional or other traditional sources of medical information. The mention of any product, service, organization, activity, therapy, or any other item or material should not be construed as an endorsement by STO. We disclaim any responsibility for any injury to persons or damage to property arising out of or related to the Content or Services.
CONTINUING EDUCATION CREDITS
STO may from time to time offer courses and programs that may qualify for continuing education credits in certain jurisdictions. The requirements for continuing education credits change regularly and are jurisdiction-specific, and you are solely responsible for ensuring compliance with all continuing education requirements, including without limitation obtaining course approval from any licensing board and submitting all records to such license board to obtain your credits. STO disclaims all liability relating to a state’s or licensing board’s denial of course credits or course accreditation.
DISCLAIMER OF WARRANTIES
THESE SERVICES AND WEBSITE ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, STO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, FREEDOM FROM INTERRUPTION OF SERVICES, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT AND MATERIALS PROVIDED THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY DATA AND OPINIONS IN THE VIDEO PRESENTATIONS, PODCASTS, ARTICLES, ADVERTISEMENTS AND DISCUSSIONS. STO DOES NOT WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, BY USING THE SERVICES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
ARBITRATION AND CLASS ACTION WAIVER
REGARDLESS OF THE FORUM, YOU AND STO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and STO agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
COPYRIGHT INFRINGEMENT CLAIMS
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law (17 U.S.C. § 512). If you believe in good faith that materials hosted by the Website infringe your copyright, you (or your agent) may send STO a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow STO to locate the material on the Website; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send STO a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;
see https://www.copyright.gov/title17/92chap5.pdf for details. Notices and counter-notices with respect to our Website should be sent to:
The Society for Translational Oncology
Attention: Karen Eldridge
PO Box 12412
Durham, NC 27709 USA
By e-mail: email@example.com
By telephone: (919) 433-0489
All names, marks, brands, logos, designs, trade dress, slogans, and other designations that STO or its affiliates use in connection with its products and services (including the Services) or are displayed on the Website are the property of STO or other third parties (the “Trademarks”). You may not use, remove or alter any Trademarks or cobrand your own products or material with Trademarks without STO’s prior written consent, which may be granted or denied by STO at its sole discretion. You shall not use the Content or Services, or any reference to STO or the Trademarks to imply any endorsement, sponsorship, or showing affiliation with STO, its affiliates, or any third party referenced on the Services, or any product or service (including the Services) without the express written consent of STO or the applicable third party. You acknowledge STO’s rights in the Trademarks and agree that any permitted use of Trademarks by you shall inure to STO’s sole benefit. You agree not to incorporate any Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations for any use whatsoever.
Any notices to you may be made via either e-mail or postal mail to the address in STO’s records or via positing on the Services.
STO is based in the State of North Carolina in the United States. STO provides this Website and Services for use only by residents of the United States. STO makes no claims that the Website, Services, or any of its content is accessible or appropriate outside of the United States. If you access the Website or Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Any information you provide to us will be transferred to the United States and by submitting information, you explicitly authorize such transfer.