Terms of Use

Last Updated: February 21, 2024

These Terms of Use (“Terms of Use”) are entered into between the Society for Translational Oncology, Inc., a North Carolina corporation (“STO”, “we”, or “our”), and you. These Terms of Use apply to (a) your use of the website located at https://sto-online.org/, any website that links to these Terms of Use, and any associated mobile applications (collectively, the “Website”); together with (b) any and all services and content offered through or in connection with the Website, including without limitation all scientific, medical, technical or other content, and any products, programs, courses, abstracts, software, computer programs, data, educational materials, graphics, marketing information, news, photographs, presentations, publications, video, or other text, materials, or content (collectively, the “Content”, and collectively with the Website, the “Services”).

THESE TERMS OF USE ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS, SO PLEASE READ THEM CAREFULLY. THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN A TRIAL IN COURT, AND YOU ARE GIVING UP YOUR RIGHT TO A CLASS ACTION OF ANY KIND. PLEASE SEE THE SECTION TITLED “ARBITRATION AND CLASS ACTION WAIVER” FOR MORE DETAILS.

STO makes this Website and the Services available for your use solely upon these Terms of Use and subject to our Privacy Policy available at https://sto-online.org/privacy/ (“Privacy Policy”). Please read these Terms of Use and our Privacy Policy carefully before using this Website or any Services. By registering with STO or by using or accessing the Website or Services, you agree to become bound by these Terms of Use, any additional terms and conditions applicable to certain areas of the Services and posted in those areas of the Services, which are hereby incorporated by reference, and the Privacy Policy. By accepting these Terms of Use and Privacy Policy, you represent that you are eighteen (18) years of age or older and that, if you have accepted these Terms of Use and Privacy Policy on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to STO if you or such person or entity violates these Terms of Use or Privacy Policy. If you do not agree to all of the Terms of Use and the Privacy Policy, you are not permitted to use the Services or Website. If you have any questions, comments, or concerns about these Terms of Use or Privacy Policy, you may contact the STO Administrator at admin@sto-online.org.

We may change these Terms of Use from time to time, and the new Terms of Use will become effective upon posting. You can determine when we last updated these Terms of Use by referring to the “Last Updated” legend at the top of these Terms of Use. By accessing, browsing, or using the Website or Services following the posting of changes to these Terms of Use, you accept such changes. We recommend that you periodically visit this page of the Website to review these Terms of Use.

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.

PRIVACY POLICY

All personal information we collect from you on the Website or through the Services is subject to our Privacy Policy located at https://sto-online.org/privacy/. By using the Website or the Services, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy. Please see STO’s Privacy Policy located https://sto-online.org/privacy/ for additional information relating to the privacy and security of personal information collected hereunder.

LICENSE

Subject to these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicensable license to (a) access the Services and Content by means of a generally available Web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of STO); and (b) use the Services and view, reproduce, and store the Content for your own internal, personal, non-commercial, informational purposes; provided, however, that: (i) the reproduction and storage of such Content is solely for your internal personal, private, noncommercial, informational use ; (ii) you shall not, and shall not permit any third party to, copy, post, or store such Content on any networked computer, or publish or distribute such Content in any medium; and (iii) you shall not, and shall not permit any third party to, modify, translate, or make derivative works of such Content. To the extent STO expressly authorizes you in writing to use, store, or distribute any Content, you shall ensure that the copyright notice pertaining to the Content is maintained and you shall include a permission notice substantially in the form of “Used with permission of STO” to such Content whenever and wherever it is used, reproduced or stored. Any other use of or distribution of the Services or Content is strictly prohibited and a violation of these Terms of Use. You may not do or authorize anyone else to do anything with the Services or Content which is not specifically permitted under these Terms of Use. You must not modify, decompile, or reverse engineer the Services or any software STO discloses to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership. You agree that you will not violate any rights of STO, including, without limitation, intellectual property rights of any kind. STO reserves all rights not expressly granted under these Terms of Use, including, without limitation, all rights, titles, and interests, including, without limitation, all copyright, trademarks, patents, trade secrets and other intellectual property or proprietary rights relating to or in and to the Services and Content. This license shall terminate automatically without notice to you if STO determines in its sole discretion that you have breached any of these Terms of Use. Upon termination of these Terms of Use, you must immediately destroy any downloaded and/or printed Content.

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.

USER CONTENT

Any content, communications, comments, material or suggestions that you provide in connection with this Website or Services shall be deemed to be provided on a nonconfidential basis. STO shall have no obligation of any kind with respect to such content. STO shall be free to reproduce, distribute, publicly display, perform, modify, prepare derivative works based upon, use, disclose, and otherwise exploit such content on an unrestricted basis for any purpose and as otherwise set forth in the Privacy Policy, and you hereby grant STO an irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable, nonexclusive license to do so in any format and by any means now known or hereafter invented. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding materials, ideas, concepts or know-how provided to us that you may have under any applicable law under any legal theory. You agree that you will not submit to STO any information or ideas that you consider to be confidential or proprietary (except to the extent pursuant to a separate confidentiality agreement between the parties). You represent and warrant that you have the right to grant the rights granted above with respect to the content that you provide to STO. For clarity, this paragraph and the licenses set forth in this paragraph will survive termination of these Terms of Use.

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.

INDEMNIFICATION

To the fullest extent permitted by law, you shall and hereby agree to indemnify, defend, and hold harmless STO, its affiliates, and its and their officers, directors, employees, licensors and agents from any and all claims, damages, losses, and costs (including litigation costs, attorneys’ fees and expert witness fees) arising from (a) your noncompliance with these Terms of Use; (b) your infringement or alleged infringement of any intellectual property right, proprietary right, or privacy right of a third party or any violation of the rights of others; (c) your use of the Website, Content, or Services or any activity in which you engage on or in connection with this Website, the Services or the Content; and (d) any content that you transmit to STO or to or through the Website or Services.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STO, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES AND AGENTS SHALL NOT BE LIABLE FOR (A) ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELIANCE BY THE USER ON ANY CONTENT OR INFORMATION OBTAINED FROM THE WEBSITE OR SERVICES OR WHICH RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE; OR (B) ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE, OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE WEBSITE OR ANY OF THE CONTENT ACCESSED THROUGH OR DOWNLOADED FROM OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF STO ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF USE OR THE SERVICES EXCEED FIFTY US DOLLARS ($50). YOU SHALL NOT BRING AN ACTION ARISING UNDER THESE TERMS OF USE MORE THAN TWELVE (12) MONTHS AFTER THE FACTS OCCURRED UPON WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (X) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY; (Y) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES; OR (Z) THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.

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.”

GOVERNING LAW

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the United States and the State of North Carolina, without reference to the conflicts-of-laws rules of such State. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in the United States, shall not apply. Except as set forth in the section titled “Arbitration and Class Action Waiver”, the exclusive forum for the resolution of any dispute relating to these Terms of Use shall be in the state courts North Carolina, U.S.A., or the United States District Court for the Eastern District of North Carolina and each of the parties agrees to personal jurisdiction of such courts with regard to any dispute relating to these Terms of Use. You agree to service of process on you by e-mail to the address you have submitted through the services, if any, and by any other means permitted by law.

ARBITRATION AND CLASS ACTION WAIVER

YOU AND STO AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR RELATED SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms of Use that a court can award under these Terms of Use.

The arbitrator may conduct any conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. You and STO agree that any in-person arbitral hearing would occur in the United States, and if you are a United States resident in the same county and state as your residence, or such other location as mutually agreed to by the parties. STO further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and STO are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and the termination of your use of the Services.

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:

By Mail:
The Society for Translational Oncology
Attention: Karen Eldridge
PO Box 12412
Durham, NC 27709 USA

By e-mail: admin@sto-online.org

By telephone: (919) 433-0489

TRADEMARKS

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.

NOTICE

All notices, demands, or consents given by you under these Terms of Use will be in writing and will be deemed given when delivered to STO at the following contact: admin@sto-online.org.

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.

Please report any violations of these Terms of Use to STO at the contact listed above.

TERM; TERMINATION

You acknowledge and agree that STO may terminate your access to use of the Services for any reason, including, without limitation, your violation of these Terms of Use. You agree that STO may terminate your access to and use of the Services without prior notice and without any liability to you or any third party. You acknowledge and agree that STO may modify, limit, suspend or discontinue the Services or any part of the Services at any time, without notice or liability to you. All provisions of these Terms of Use that by their nature should survive termination of your right to access and use the Services shall survive (including, but not limited to, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses granted to STO).

GEOGRAPHIC RESTRICTIONS

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.

MISCELLANEOUS

You may not assign, sublicense or otherwise transfer any of your rights under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Headings in these Terms of Use are for convenience only and shall have no legal meaning or effect. These Terms of Use, and not the conduct between us or any trade practice, shall control the interpretation of these Terms of Use between the parties respecting the Services. STO’s failure to enforce a particular provision of these Terms of Use does not mean that STO waives the right to enforce it in the future; STO shall waive such a right only in writing.

These Terms of Use and all other written agreements duly executed between you and STO in connection with your use of the Services constitute the entire agreement between you and STO with respect to the subject matter hereof and supersede any prior or contemporaneous proposals, discussions, communications, or oral agreements heretofore made.