1. AGREEMENT BETWEEN USER AND AROME
This is a binding agreement (“Agreement”) between the Association of Radiotherapy and Oncology of the Mediterranean area, a non-profit corporation (“AROME”) and you, the user (“You” or “Your”). AROME’s Web Site, and all Web Sites related to AROME. By using the Web Sites, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
AROME reserves the right to change the terms, conditions and notices under which the Web Sites are offered. You should review these terms and conditions periodically to understand the terms that govern your use of the Web Sites. Your non-termination or continued use of AROME’s Web Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.
3. AROME WEB SITES USAGE—Restrictions, Limited License
As a condition of Your use of the AROME Web Site, You represent and warrant to AROME that You will not use the AROME Web Site for any unlawful purpose or in any manner prohibited by this Agreement’s terms, conditions and notices. In particular, You represent and warrant that You will comply with all laws and regulations that govern confidential or personally identifiable patient information, including without limitation gathering, transmitting, using, disclosing, or storing such patient information. You also agree to comply with the requirements detailed below in the Personally Identifiable Patient Information section of this Agreement.
You represent and warrant that You will not use the AROME Web Site in any manner which could damage, disable, overburden or impair the AROME Web Site or interfere with any other party’s use and enjoyment of the AROME Web Site.
The AROME Members Only portion of AROME’s Web Site (“Members Only Site”) will be accessible only to dues paying members of AROME (“Members”). All Member information provided to AROME and posted on AROME’s Web Site, including without limitation name, title, address, phone number, fax number, and email address, must be reasonably current, accurate and complete. If AROME at any time discovers any error or omission in the information You provide, AROME may in its sole discretion terminate the right to access and use the Members Only Site by any Member. You may not permit anyone other than Yourself to use Your AROME Member information to access any portions of AROME’s Web Site which are restricted to Members only, and You are responsible for the acts or omissions by third parties who are under Your control for their use of the Members Only Site, and for any damages incurred by You as a result thereof.
You may not use, develop, distribute, or make derivative works from any material, text, photos, video, audio or any other content posted by AROME or any other person or entity on the Web Sites (“Content”). Subject to all the conditions herein, AROME grants You a limited, non-sublicenseable license to access and use the Sites and to view, copy, and print portions of the Content found on the Sites, as restricted herein. This license is conditioned upon the following: (a) You may only view, use, copy, or print any Content for Your own informational, personal, non-commercial purposes; (b) You may not modify or make derivative works of or from the Content; (c) You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed on the Sites or on or in connection with Content; (d) You may not use any data-mining, robots, or similar data gathering or extraction methods; and (e) You may not reproduce, distribute, redistribute, broadcast, perform, or display the Sites or any Content except, as provided herein. Except as expressly permitted above, any use of any portion of the Sites or Content without the prior written permission of AROME is strictly prohibited and will terminate the license granted herein. Any use of the Site or Content that has not been authorized also may violate applicable laws, including copyright and trademark laws. This limited license, unless explicitly stated herein, may not be construed as conferring rights to any intellectual property, whether by estoppel, implication, or otherwise. This license is revocable by AROME at any time, for any reason, in its sole discretion.
Hyper-linking to the Sites for any purpose is prohibited, without the express, written consent of AROME. The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to users of the Site. Your use of any links, Third-Party Sites or Third-Party Content is at Your own risk. AROME has no control over and makes no claim of ownership regarding Third-Party Content or Third-Party Sites. AROME provides these links only as a convenience and does not endorse, adopt, sponsor, any such Third-Party Sites or Third-Party Content.
AROME’s Web Sites may contain chat areas, forums, news groups, bulletin board services and other interactive areas in which you may communicate with other Members of AROME or post content (“Interactive Areas.” Your use of any Interactive Areas of the Site is at Your own risk. You agree to use these Interactive Areas only to post, send and receive messages and materials that are appropriate and related to the service. You expressly agree that in using the Interactive Areas You will not:
a. Violate any applicable laws or regulations;
b. Upload any material protected by intellectual property laws, including without limitation material protected by patent, copyright, trademark (such as AROME’s logo), or trade secrets, or by rights of privacy of publicity unless You own or control the rights thereto or have received all necessary consents;
c. Falsify or delete author attributions, legal or other proper notices or proprietary designations or identifiers indicating the origin or source of information that is uploaded or downloaded from AROME’s Web Sites or impersonate any person or entity or falsely or misleadingly state or otherwise misrepresent Your affiliation with a person or entity;;
d. Publish, post, upload, distribute or disseminate material in any form that is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, harassing, pornographic, libelous, blasphemous, obscene, offensive, invasive of another’s privacy or publicity rights, hateful, or racially, ethnically, or otherwise objectionable; e. Publish confidential or personally identifiable information, including but not limited to the disclosure of information that would violate the regulations detailed below in the Personally Identifiable Patient Information section of this Agreement, State or Federal law, codes of ethics, professional licensing requirements or any other professional obligations with respect to confidentiality or personally identifiable information, including without limitation protocols for patient information;
f. Harass, abuse, threaten or otherwise violate any legal rights of others or post any material in any form that would constitute, encourage, insight, or abet any criminal offense, or violate any party’s rights, or that would otherwise create any liability or violate any local, state, national, or international law, including without limitation, the regulations of any agency of the United States or any of its states;;
g. Upload viruses, corrupted data, computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment, or otherwise acts as disruptive or destructive of files; files or any other software or information that may damage the operation of another’s computer or network;
h. Use AROME’s Web Site for commercial purposes, including, but not limited to, advertisements, promotions, offers to buy or sell goods or services, surveys, contests, pyramid schemes, or sponsorship banners;
i. Use AROME’s Web Site to forward chain letters, junk mail, spam, or any other form of solicitation;
j. Permit anyone other than Yourself to use Your AROME Member information to access any portions of AROME’s Web Sites which are restricted to Members only;
k. Use any name other than Your professional Member name, including without limitation nicknames or impersonations;
l. Forward any material or information contained in one of AROME’s Web Services to anyone who is not a Member of AROME; or
m. Violate any of AROME’s policies, guidelines or other codes of conduct which are applicable to AROME’s Web Sites or in particular to one of AROME’s Web Services.
n. Publish any Content that would harm minors in any way, including without limitation, uploading, posting, distributing, submitting, emailing, transmitting, or otherwise making available any content that violates child pornography laws or child sexual exploitation laws;
o. Publish any material in any form that in the sole judgment and discretion of AROME is objectionable in any way, or which restricts or inhibits any other user from using the Site, or which may expose AROME or its affiliates or users to any harm or liability of any type.
By using and viewing this Site, you represent and warrant that your use of the Site and the contents found on the Site will be consistent with this license and will not violate the rights of any other party, including intellectual property rights, or breach any contract, obligation, or duty you may have to other parties, or violate any applicable law.
You agree that nothing You may post on the Sites shall be subject to any confidentiality obligations by AROME, its affiliates, subsidiaries, directors, officers, employees, agents, providers, or vendors. Under no circumstances will AROME be liable in any way for any content posted by You or for the use or disclosure of any content found on the Sites.
By posting, submitting, or otherwise contributing any material or Content to the Sites, You grant AROME a perpetual, worldwide, non-exclusive, royalty-free, transferable, and fully sublicenseable right and license to use, reproduce, modify, translate, adapt, distribute, publish, re-publish, create derivative works from, and publicly display, and perform any such material or Content, in whole or in part, in any medium or technology throughout the world, now known or hereafter devised, including any ideas or expressions of ideas arising out of or based on the content, without restrictions of any kind, for any purpose in AROME’s sole discretion and without the requirement of any permission from or compensation or notice to You or any third-party. In connection with such material or Content, You represent and warrant that (a) You own and control all of the rights to the material or content that You post or submit, or You have the right to distribute or otherwise post such material and content to or through the Site, (b) that the material or content is accurate and not misleading, and (c) the use or posting or other transmission of such material or content does not violate any rights or cause injury to any person or entity. AROME may, in its sole discretion, delete, edit, modify, reject, or refuse to post all or a part of the material or content that You submit to the Site. AROME shall have no obligation to attribute authorship of any material or Content to You and shall not be obligated to enforce any form of attribution by third-parties. To the extent You may have any moral rights in any of the Content posted on the Site, You waive any such rights and state expressly that You have no objection to the publication, use, modification, deletion, amendment, and exploitation of any of the Content by AROME, and You agree to waive and not to claim or assert any entitlement to any and all moral rights that You might have.
AROME has no obligation to screen or monitor AROME’s Interactive Areas; however, AROME reserves the right to review information or materials posted to any of AROME’s Web Sites and to remove any such information or materials in its sole discretion. AROME reserves the right at all times, in its sole discretion, to edit, refuse to post or to remove any information or materials from AROME’s Web Sites, regardless of whether such material does or does not violate this Agreement or any AROME policies, guidelines, or other codes of conduct which are applicable to AROME’s Web Sites.
AROME does not control or endorse the content, messages or information found in any of the Interactive Areas, and AROME specifically disclaims any liability with regard to such content. AROME does not endorse or otherwise verify the accuracy, truthfulness or reliability of any information provided on the Interactive Areas. Any statements made on reflect only the views of their authors, and Your reliance on any such content is at Your own risk. AROME’s Web Services will be managed or hosted by either employees or Members of AROME, who are not authorized AROME spokespersons, and their views or actions in managing or hosting AROME’s Web Sites do not necessarily reflect those of AROME.
AROME is not responsible for and assumes no liability for any material or Content posted, stored or uploaded by you or any other third party, or for any claim, damage, or loss related to such material or Content. AROME is not responsible for and assumes no liability for any mistakes, defamation, slander, falsehoods, omissions, pornography, profanity, or obscenity that you may encounter on the Site. AROME is not liable for any statements, representations, or Content provided by others on the Site. Although AROME has no obligation to screen, or monitor the Site or the Content, AROME has the discretion to remove, screen, or edit without notice any material or Content posted or stored on the Site at any time for any reason. AROME is not responsible for creating any backup or archive copies of any material or Content
5. PERSONALLY IDENTIFIABLE PATIENT DATA
Unless prior written individual authorization is obtained, You agree to not use or disclose on AROME’s Web Sites, any health information that identifies, or with respect to which a reasonable basis exists to believe that the information can be used to identify, an individual. Health information identifies an individual or creates a reasonable basis to identify an individual if: (1) it is created by or received from a health care provider, health plan, employer or health care clearinghouse; and (2) it relates to the past, present or future physical or mental health or condition of the individual, the provision of health care to the individual, or the past, present or future payment for the provision of health care to the individual. Health information that identifies or creates a reasonable basis to identify an individual includes, but is not limited to, the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, email addresses, social security number, medical record number, health plan beneficiary number, account number, certificate or license number, any vehicle or other device serial number, web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, radiographic images or other diagnostic images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have reason to believe may be available to an anticipated recipient of information.
Health information may be used or disclosed without written individual authorization only in the very narrow circumstance where it has been de-identified by eliminating the specified identifying information listed above and You have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that You shall be solely responsible for any such determination and agree to indemnify AROME for the consequences of such determination and for any information posted by You on AROME’s Web Sites should the subject of such information believe it identifies such individual.
In the event that Federal or state requirements protecting individual health information that are more restrictive than these regulations in this section of the Agreement apply to Your use of AROME’s Web Sites, including without limitation AROME’s Interactive Areas, You agree to abide by such requirements in using or disclosing such information.
The Members Only Site is intended by AROME to require a userID and password to access and use. Certain areas of the AROME Web Sites may require additional codes. You are solely responsible for (1) maintaining the strict confidentiality of the userIDs, passwords and codes (“Member Information”) assigned to You; (2) charges, damages or losses that may be incurred or suffered as a result of Your or Your personnel’s failure to maintain the strict confidentiality of Member Information; and (3) promptly informing AROME in writing of any need to deactivate and replace any Member Information due to security concerns. AROME is not liable for any harm related to the theft of Your Member Information, Your disclosure of Your Member Information, or Your authorization to allow another person or entity to access and use the Members Only Site using Your Member Information. You agree to notify AROME immediately as soon as You become aware of any unauthorized use of Your Member Information. Notice to AROME under this section of the Agreement may be accomplished by conventional mail to:
Association de Radiotherapie et d’Oncologie de la Mediterranee 4, Square Alain Fournier, 75014 Paris, France
7. COPYRIGHT AND TRADEMARK OWNERSHIP, and NOTICES
Except as otherwise indicated, the Site, all text, marks, images, logos, material, and other Content, including any AROME trademarks, logos, designs, graphics, information, data, files, and the selection and arrangement thereof are the property of AROME or its licensors or its users and are protected by the trademark and copyright laws of the United States and other jurisdictions. AROME, and all other marks or names displayed on the Site are the registered or unregistered trademarks of AROME and/or its licensors and may not be copied or used without the written permission of the relevant trademark owner. The Site, its design, its appearance, graphics, and icons are owned by AROME and may not be copied or used without AROME’s written permission. All other trademarks, registered trademarks, product names and company’s names or logos mentioned in the Site are property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation by AROME. The compilation of the content on the AROME Web Site is the exclusive property of AROME and is protected by the copyright laws.
Nothing in this Agreement or its performance shall grant You any right, title, interest, or license in or to AROME’s names, logos, logotypes, trade dress, designs, or other trademarks.
Any rights not expressly granted herein are reserved.
8. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AROME THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF E-MAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you are a copyright owner, or act on behalf of one, and you believe that any Content on the Site infringes upon your copyrights, please submit a notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C.) §512(c)(2) to the person identified below as our Agent with the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; A clear identification of the copyrighted work you claimed was infringed; A clear identification of the material you claim is infringing and information that will enable us to locate the material on the Site; Your address, telephone number and email address; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the above information in your notice is truthful, accurate, and that you are either the owner of the copyright or authorized to act on the copyright owner’s behalf.
Our Agent can be reached as follows:
firstname.lastname@example.org Association de Radiotherapie et d’Oncologie de la Mediterranee 4, Square Alain Fournier, 75014 Paris, France
Repeat Infringer Policy
Pursuant to the Digital Millennium Copyright Act and other applicable law, AROME has the right to terminate, in its sole discretion, any users, subscribers, posters, or deemed to be repeat infringers. AROME, in its sole discretion, also may limit access to the Sites and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not such activity constitutes repeat infringement.
AROME may forward a copy of a valid notice including your name and email address to the person or entity alleged to have infringed your rights. That person or entity may exercise rights of counter notification under Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act and other applicable law, AROME has the right to terminate, in its sole discretion, any users, subscribers, posters, or deemed to be repeat infringers. AROME, in its sole discretion, also may limit access to the Sites and terminate the accounts of any users who infringe any intellectual property rights of others, whether or not such activity constitutes repeat infringement.
9. LINKS TO THIRD PARTY WEB SITES
Hyper-linking to the Site for any purpose is prohibited, without the express, written consent of AROME. The Site may contain links to third-party websites (“Third-Party Sites”) and third-party content (“Third-Party Content”) as a service to users of the Site. Your use of any links, Third-Party Sites or Third-Party Content is at Your own risk. AROME has no control over and makes no claim of ownership regarding Third-Party Content or Third-Party Sites. AROME provides these links only as a convenience and does not endorse, adopt, sponsor, any such Third-Party Sites or Third-Party Content.
10. NO PROFESSIONAL ADVICE
The information and materials available through the AROME Web Sites including without limitation the AROME Interactive Areas is for information and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. Your use of the Sites does not create a professional services or any other relationship. The medical, scientific and general information included on the AROME Web Sites may reflect innovations and opinions not universally shared and does not necessarily reflect the view of AROME. AROME and AROME’s Web Sites, including without limitation AROME’s Interactive Areas, does not give medical advice, or provide medical or diagnostic services. YOUR RELIANCE UPON INFORMATION AND MATERIALS OBTAINED BY YOU AT OR THROUGH THE AROME WEB SITE, INCLUDING WITHOUT LIMITATION ON AROME’S WEB SERVICES, IS SOLELY AT YOUR OWN RISK.
Nothwithstanding any provision herein, AROME reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (i) terminate your license to use the Site or any portion thereof, (ii) block or prevent your future access or use of the Site, Content, or services related thereto, (iii) suspend or discontinue any aspect of the Site, Content or services related thereto, and (iv) impose strict limits on your access to the Site, Content or services related thereto.
Sections 3, 4, 5, 6, 7, 10, 12, 13, 14, 15, 18, and 20 of this Agreement shall survive the expiration or termination of this Agreement for any reason whatsoever.
12. COMPLIANCE WITH APPLICABLE LAWS
AROME reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
13. GENERAL DISCLAIMERS, EXCLUSION OF DAMAGES, AND LIMITATION OF LIABILITY
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE AROME WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. AROME MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE AROME WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE AROME WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE.
AROME MAKES NO REPRESENTATIONS ABOUT AROME’S WEB SITE, INCLUDING WITHOUT LIMITATION AROME’S WEB SITE’S SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS. AROME PROVIDES AROME’S WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES, AND GRAPHICS “AS IS” WITHOUT WARRANTY OF ANY KIND. AROME DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO AROME’S WEB SITE, INCLUDING WITHOUT LIMITATION ALL INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE.
YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AROME WEB SITE IS TO DISCONTINUE USING THE AROME WEB SITE YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF THE SITE. YOU EXPRESSLY WAIVE AND AGREE NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST AROME, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE SITE OR SERVICES RELATED TO THE SITE, THE CONTENT OR ANY MATERIAL CONTAINED OR ACCESSIBLE THROUGH THE SITE. THE ABOVE LIMITATION INCLUDES ANY CLAIMS OR ALLEGATIONS RELATING TO THE INFRINGEMENT OF PROPRIETARY RIGHTS, THE INACCURACY OF ANY CONTENT OR ALLEGATIONS THAT AROME HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
AROME IN NO EVENT, UNDER ANY CIRCUMSTANCES WHATSOEVER, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AROME WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AROME WEB SITES OR AROME’S INTERACTIVE AREAS, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, MATERIALS, SOFTWARE, PRODUCTS, SERVICES AND GRAPHICS OBTAINED THROUGH THE AROME WEB SITE, SECURITY BREACHES, OR OTHERWISE ARISING OUT OF THE USE OF THE AROME WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AROME HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ALSO IN PARTICULAR, IN NO EVENT SHALL AROME BE HELD LIABLE FOR ANY DIRECT, INDIRECT, COMPENSATORY, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION PROVIDED ON AROME’S WEB SITE, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE USE OF TECHNIQUES OR PROCEDURES DISCUSSED ON THE AROME WEB SITES.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to You.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AROME FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) AND DAMAGES ARISING OUT OF CLAIMS BASED UPON YOUR USE OF AROME’S WEB SITE OR ANY MATERIAL THEREON, INCLUDING WITHOUT LIMITATION ANY CLAIM OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, LOSS OF SERVICE BY OTHER MEMBERS AND INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER RIGHTS.
15. GOVERNING LAW
This Agreement is governed by the laws of the Commonwealth of Virginia, USA, without regard to its conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of AROME’s Web Site. Use of AROME’s Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
16. NO RELATIONSHIP
You agree that no joint venture, partnership, employment, or agency relationship exists between You and AROME as a result of this Agreement or use of AROME’s Web Sites.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.
18. ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the entire agreement between You and AROME with respect to AROME’s Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and AROME with respect to AROME’s Web Sites.
19. AROME CONTACT INFORMATION
Webmaster: email@example.com Association de Radiotherapie et d’Oncologie de la Mediterranee 4, Square Alain Fournier, 75014 Paris, France
Notices given by AROME to You will be given by a general posting on AROME’s Web Sites or by an e-mail, if an e-mail address is available, in AROME’s discretion. Notices given by AROME to Members may also be given by conventional mail. Notices to AROME must be sent by conventional mail to Attention: Association de Radiotherapie et d’Oncologie de la Mediterranee 4, Square Alain Fournier, 75014 Paris, France
AROME may assign this Agreement, in whole or part, in its sole discretion. You agree not to assign, transfer or sublicense Your rights as a Member.