PLEASE READ THIS ENTIRE WEB SITE USE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THIS SITE.
This agreement, together with any such additional term and conditions, are referred to as this "Agreement." This Agreement is a binding legal contract between Aspect Medical Systems, Inc., operators of the AspectMedical.com Internet sites and professional portals, ("Aspect") and you ("user") that governs your use of the AspectMedical.com professional portals, including, without limitation, all content such as text, information, images, applications and audio (collectively, "Content") and all services ("Services") made available to you through the AspectMedical.com professional portals by Aspect and/or third parties. This Site and the Content and Services are collectively referred to herein as the "Site".
This agreement governs your use of the Site, including interactive chat rooms and discussion areas ("Interactive Areas"), which are operated by Aspect. Additional terms and conditions of use applicable to specific areas of the Site may also be posted in such areas and, together with this agreement, govern your use of those areas.
By clicking on the "Accept" button below or using this Site in any manner whatsoever, you indicate your conclusive acceptance of this Agreement. If you do not agree to this Agreement, do not click on "Accept" or access or use this Site in any manner whatsoever.
Use of Content
The Content includes copyrighted works proprietary to Aspect or to third parties who have provided Aspect with Content ("Content Providers"). All Content on the Site is copyrighted as a collective work of Aspect pursuant to applicable copyright law. User agrees to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Users of the Site may use the Content only for their personal, noncommercial use.
User may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software's patent and/or copyright.
ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS USER TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES.
Interactive Areas
User may be permitted to access and use discussion groups, bulletin boards, mail lists, and other forms of group electronic communications through the Site ("Interactive Areas"). Users are responsible for their own communications and the consequences of posting their communications. Users agree to use Interactive Areas solely for lawful purposes and in compliance with all applicable laws. User expressly agrees that Aspect has no responsibility for or control over the content user may post on or using these Interactive Areas. Aspect makes no representation that your use of the Interactive Areas will comply with applicable laws or that they were designed to comply with the applicable laws.
Users who post materials to this Site (e.g., Interactive Areas) agree to abide by the following rules: (1) users may not post or transmit material that is libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws; (2) users may not interfere with other user's use and enjoyment of this site; (3) users may not use this site to conduct any activity that is illegal or that violates the rights of others; (4) users may not use this site to advertise or sell products or services to others; and (5) users shall not post materials that contains a virus, worm, trojan horse, time bomb, or any other harmful program or component.
A user posting material represents that such material is unique to the user or used with permission of the copyright holder, and assigns to Aspect an unrestricted license to such material as described below.
Aspect has no responsibility for the content of any material posted by users, but Aspect reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this agreement.
By submitting any materials to Aspect, you automatically grant, or warrant that the owner of such any materials has expressly granted, Aspect the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such any materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Aspect does not and is not responsible for screening or monitoring material posted by Users or any other person or entity in Interactive Areas. Aspect further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Areas. Aspect also do not endorse any opinions expressed in Interactive Areas. USER ACKNOWLEDGES THAT ANY RELIANCE ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE AREAS IS AT YOUR OWN RISK.
External Sites
The Site may include links to other Internet sites which are owned and operated by third parties ("External Sites"). These links are provided solely as a convenience to users. Aspect does not endorse any such sites or the information, material, products or services contained on or accessible through the sites. Users acknowledge that access and use of such sites, including information, material, products and services therein, is solely at their own risk.
Medical Disclaimer
This site is intended for educational purposes only, and is intended to be as inclusive as possible in providing information pertaining to the subject. It is not intended to provide any specific endorsement or clinical practice recommendations for BIS monitoring technology. The clinical choices discussed may or may not be consistent with your own patient requirements, your clinical practice approaches, or guidelines for practice that are endorsed by your institution or practice group. It is the responsibility of each clinician to make his/her own determination regarding clinical practice decisions that are in the best interest of patients. Clinicians should stay abreast of current literature regarding brain function monitoring. Readers are advised to review current product information including the Indications for Use and other training materials for current recommendations on use.
Limits on Accuracy
The web site was developed as a service by Aspect Medical Systems to provide information about its products and services. Information is believed to be accurate at the time it is created. However, like any printed material, information may become outdated over time. Information on the Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. There may also be improvements or changes in the products and services described in the Web site at any time without notice. There may also be improvements or changes in the products and services described in the Web site at any time without notice. It is important that you rely on the advice of an appropriate professional. Nothing contained in any presentation is to be construed as medical, legal, investment, financial, or other advice. This information is not intended to be a substitute for such advice. Aspect Medical Systems does not endorse any specific surgical techniques or methods of treatment. It is up to the individual health care professional to use their best medical judgment when determining appropriate patient care or surgical techniques. Individuals are advices to consult their health care professionals for full information about the potential adverse reactions from use of the medical technologies discussed in this site. Aspect Medical Systems will use reasonable efforts to include accurate and up-to-date information on the website, but Aspect Medical Systems makes no warranties or representations as to its accuracy. All users agree that all access to and use of the Web site is at their own risk.
General Disclaimers
ASPECT (INCLUDING ITS AFFILIATES AND SUPPLIERS) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.
ASPECT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USER ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS, OR (3) IS COMPLETELY SECURE. USER IS RESPONSIBLE FOR TAKING ALL PRECAUTIONS BELIEVED NECESSARY OR ADVISABLE TO PROTECT AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION OF ASPECT AND ITS SUPPLIERS. ACCORDINGLY, ASPECT ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE.
Limitation of Liability
NEITHER ASPECT, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless Aspect (including its affiliates and suppliers) from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this agreement, and (ii) your posting of material to this site.
Termination
Aspect reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, including the Interactive Areas, at any time for any reason without prior notice or liability. Aspect may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
Assignment
Aspect may assign this Agreement, in whole or in part, at its sole discretion. Users may not assign their rights under this Agreement without our prior written permission. Any attempt by users to assign their rights under this Agreement without our permission shall be void. The waiver by Aspect of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.
Entire Agreement
This Agreement, including the Site's Privacy Policy, which is incorporated herein by reference as though fully set out, contains the entire understanding and agreement of the parties with respect to the subject matter contained herein, supersedes all prior oral or written understandings and agreements relating thereto except as expressly otherwise provided, and may not be altered, modified or waived in whole or in part, except in writing, signed by a duly authorized representative of Aspect.
Governing Law; Venue
The validity, construction, and performance of this Agreement shall be governed by the laws in the state of Massachusetts and all claims and/or lawsuits in connection with the Agreement must be brought in the state of Massachusetts.
Severability
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions shall remain in full force and effect as if said provision never existed.