**Last revised March 28, 2003
Terms of Service
- Acceptance of Terms
- Description of Services
- Information Submitted
- Rules of Conduct
- Proprietary Rights
- Limitations of Liability and Disclaimer of Warranties
- Links and Linking Policy
- Jurisdictional Issues
- Information or Complaints
1. Acceptance of Terms. This website is provided by the Siteman Cancer Center ("we," "us") subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time in our sole discretion. We reserve the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the "LAST REVISED" legend at the top of the Agreement.
This Agreement applies to the Internet world wide web site located at http://www.siteman.wustl.edu/ (the "Site"). In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; (c) modify and/or waive any fees charged in connection with the Site; and/or (d) offer opportunities to some or all users of the Site. You agree that the Siteman Cancer Center and its parents, subsidiaries, and affiliated companies, including Barnes-Jewish Hospital and Washington University School of Medicine (the foregoing, collectively, the "Affiliated Companies") shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
If you have any questions regarding the meaning of application of this Agreement, please direct such questions to email@example.com.
2. Description of the Services. The Siteman Cancer Center provides users of the site with access to certain specialized content and services concerning the Siteman Cancer Center and the Affiliated Companies (collectively, "Services"). All new content, services, and materials made available through the Site that were not made available as of the "LAST REVISED" date above, shall automatically be deemed part of the Services and become subject to this Agreement.
4. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, the Siteman Cancer Center expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:
5. The Siteman Cancer Center's Proprietary Rights
Transmit or otherwise make availabe in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, without the express permission of the owner of such right.
Use the Site for any fraudulent or unlawful purpose.
Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site.
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
Impersonate any person or entity, including, ut not limited to, any Siteman Cancer Center employee, agent, or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, or other harmful code.
Interfere with or disrupt the operation of the Site.
Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
Sell, license, or exploit for any commercial purposes any use of or access to the Site or Services.
Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site or Services.
Frame or mirror all or any part of the Site without or prior express written authorization.
Link to all or any part of the Site in violation of the linking policy set forth in Section 7 (Links and Linking Policy) below.
. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Services, are and shall remain the property of the Siteman Cancer Center and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by the Siteman Cancer Center, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation any Services, that are made available on or through the Site. Trade names, trademarks and service marks of the Siteman Cancer Center include without limitation, "The Siteman Cancer Center" and any associated logos. All trademarks and service marks on the Site not owned by the Siteman Cancer Center are the property of their respective owners. The trade names, trademarks, and service marks owned by the Siteman Cancer Center, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Siteman Cancer Center trade names, trademarks, or service marks without the prior express written permission of the Siteman Cancer Center.
THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. THE SITEMAN CANCER CENTER AND ITS AFFILIATED COMPANIES DO NOT MAKE ANY, AND HEREBY DISCLAIM ALL, WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, AND ANY OTHER SERVICES YOU MAY ACCESS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE SITEMAN CANCER CENTER AND ITS AFFILIATED COMPANIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF THE SITEMAN CANCER CENTER AND/OR ITS AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
Information provided on the Site regarding clinical trials is provided for general use only. The final determination of eligibility to participate in any clinical trial requires that the principal investigator or his/her designee(s) make a subject-specific, case-by-case assessment of multiple criteria that are beyond the scope of the Site's content. Additional information regarding clinical trials may be obtained from the contact person listed on the Site for the specific trial or by calling (314) 747-4190.
While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at firstname.lastname@example.org with a description of the material(s) at issue, and the location or "URL" where such material(s) appear.
7. Links and Linking Policy. The Site may provide links to other Internet websites and resources. Because the Siteman Cancer Center has no control over such sites and resources, you acknowledge and agree that neither the Siteman Cancer Center nor its Affiliated Companies are responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. You acknowledge and agree that the Siteman Cancer Center and its Affiliated Companies do not endorse such sites, and are and shall not be responsible or liable for, or for any loss or damage caused by or in connection with, any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials.
If you would like to link to the Site, please email us at email@example.com
and request permission to do so. In your email, please describe the site on which the link will be placed, the page or "URL" on which the link will appear, and the context of the link. We will use reasonable commercial efforts to verify your site/URL and respond to your linking request as soon as practicable. Without limiting the foregoing, any authorized hyperlink link to the Site must be a text-only link denoting either "Siteman Cancer Center" or "The Alvin J. Siteman Cancer Center," and must point only to the front page of the Site (http://www.siteman.wustl.edu/) and not to any other page(s) or URL(s) within the Site.
We prohibit linking to the Site without our prior consent. In addition, we retain the right, but not the obligation, at any time and in its sole discretion, to block links to the Site (authorized or otherwise) through technological or other means, without prior notice.
8. Indemnity. You agree to defend, indemnify, and hold harmless the Siteman Cancer Center and its Affiliated Companies, and their respective sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
9. Termination. You agree that we, in our sole discretion, may terminate your use of the Site or Services, or any part thereof, at any time and for any reason (with or without prior notice), including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon termination of this Agreement, your right to use the Site will immediately cease. Neither the Siteman Cancer Center nor its Affiliated Companies shall be liable to you or any third party for any termination of your access to the Site or any part thereof.
10. Jurisdictional Issues. The Site is controlled and operated by the Siteman Cancer Center from its principal office in St. Louis, Missouri, and is not intended to subject the Siteman Cancer Center to the laws or jurisdiction of any state, country or territory other than that of St. Louis, Missouri and the United States of America. The Siteman Cancer Center does not represent or warrant that the Site or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Services to (or to a national or resident of), or to use all or any part of the Services from (as applicable): (a) Cuba, Iraq, Libya, Liberia, North Korea, Iran, Syria, Serbia, Sudan, or any other country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
11. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of the State of Missouri, United States of America, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the State of Missouri, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and the Siteman Cancer Center relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Siteman Cancer Center. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. Filtering. Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
13. Information or Complaints
.Under California Civil Code Section 1789.3, California users are entitled to the followingspecific consumer rights notice:
If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org
. You may also contact us by writing to 660 S. Euclid Avenue, Box 8100, St. Louis MO 63110, or by calling us at 314.747.7222 (or toll free at 800.600.3606). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at 916. 445.1254 or 800.952.5210.
The Site and Services, and this Agreement, ©2007 The Siteman Cancer Center at Barnes-Jewish Hospital and Washington University School of Medicine. All rights reserved.
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