Agreement between User and angioatlas.orgWelcome to angioatlas.org. The angioatlas.org website (the "Site") is comprised of various web pages operated by AngioAtlas. angioatlas.org is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of angioatlas.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. angioatlas.org is an Educational Site. AngioAtlas is designed to improve a user's understanding of congenital angiography and ability to identify commonly observed pathologies through the creation of a comprehensive angiographic atlas of normal and diseased states.
Electronic CommunicationsVisiting angioatlas.org or sending emails to AngioAtlas constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your AccountIf you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that AngioAtlas is not responsible for third party access to your account that results from theft or misappropriation of your account. AngioAtlas and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under ThirteenAngioAtlas does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use angioatlas.org only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Servicesangioatlas.org may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of AngioAtlas and AngioAtlas is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AngioAtlas is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AngioAtlas of the site or any association with its operators.
International UsersThe Service is controlled, operated and administered by AngioAtlas from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the AngioAtlas Content accessed through angioatlas.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
IndemnificationYou agree to indemnify, defend and hold harmless AngioAtlas, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. AngioAtlas reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with AngioAtlas in asserting any available defenses.
ArbitrationIn the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action WaiverAny arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and AngioAtlas agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Termination/Access RestrictionAngioAtlas reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Ohio and you hereby consent to the exclusive jurisdiction and venue of courts in Ohio in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AngioAtlas as a result of this agreement or use of the Site. AngioAtlas's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AngioAtlas's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by AngioAtlas with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AngioAtlas with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AngioAtlas with respect to the Site. 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. It is the express wish to the parties that this agreement and all related documents be written in English.
User SubmissionsBy submitting angiograms, images, text, and other content or information (the “Content”) to AngioAtlas, you agree to the following:
- All Content submitted by you to AngioAtlas shall become the property of AngioAtlas, and AngioAtlas shall have no obligation to preserve, return, or otherwise make available to you or other persons any Content so submitted, even if this agreement is later terminated.
- You understand that because AngioAtlas becomes the owner of all Content submitted by you, you automatically grant AngioAtlas and its officers, directors, employees, assigns, subsidiaries, joint ventures, successors, and third-party service providers (the “Representatives”) a royalty-free, perpetual, irrevocable, transferable, worldwide non-exclusive license to use, reproduce, edit, display, transmit, modify, publish, prepare derivative works of, and otherwise make use of the submitted Content in any and all media or in any form, format, technology or forum now known (such as, television, radio, print, in-store, packaging, billboards, digital and mobile) or hereafter developed, without compensation to you of any kind.
- You hereby represent and warrant that the submitted Content does not infringe on any copyright, patent, trademark, trade secret, or other proprietary rights, any rights of privacy or publicity of any person, or any other right of any hospital or third party. You hereby represent and warrant that you have the right to transfer the Content to AngioAtlas free and clear of any claims or encumbrances. By submitting Content to AngioAtlas, you affirm that all patient identifiers have been removed in compliance with the Health Insurance Portability and Accountability Act (HIPAA).
- You agree and warrant that you shall not submit any Content that is known by you to be false, inaccurate, or misleading. You further affirm that all written content is original work and that your submission is accompanied by a list of credible academic references.
- You acknowledge and agree that AngioAtlas shall have no obligation to post, display, or otherwise make publicly available any Content submitted by you. Use or non-use of any submitted Content is at the sole and absolute discretion of AngioAtlas.
- You further understand and intend that any Content submitted by you to AngioAtlas may be available for viewing and download by users of the site. By submitting any Content to AngioAtlas, you hereby waive any privacy expectations that you may have with respect to any such Content submitted by you to AngioAtlas.
- You hereby agree to indemnify and hold AngioAtlas and its Representatives harmless from and against—and hereby waive any right to pursue—all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorney’s fees, arising in connection with AngioAtlas’s use of the Content submitted by you to AngioAtlas and used in any manner by AngioAtlas’s sole and absolute discretion.
- AngioAtlas and its Representatives may contact you using the email address associated with your Content submission to notify you of the status of any Content submitted and for any other administrative purposes.
Changes to TermsAngioAtlas reserves the right, in its sole discretion, to change the Terms under which angioatlas.org is offered. The most current version of the Terms will supersede all previous versions. AngioAtlas encourages you to periodically review the Terms to stay informed of our updates.
Contact UsAngioAtlas welcomes your questions or comments regarding the Terms.
Effective as of April 07, 2019