Note! You are concluding a Legally Binding Agreement.
By accessing, viewing, downloading or otherwise using the Endovascular Forum or any webpage or feature available through the Endovascular Forum, any information provided as part of the Endovascular Forum services, or any related emails, newsletters or services (hereinafter collectively the “Endovascular Forum” or the “Services”), or by creating an account, you conclude a legally binding agreement with IC Sciences Corporation, One Joy Street, Boston, MA 02108 USA (“we”) based on the terms of this Endovascular Forum Member Agreement (“Agreement”) and become an Endovascular Forum Member (“Member”). If you do not want to become a Member, do not conclude the Agreement, do NOT create an account and do not access, view, download or otherwise use the Endovascular Forum webpage, information or services.
We encourage you to read this Member Agreement carefully in order to participate with us as a Member in the development of a quality service and first-rate Internet. By becoming a Member, you acknowledge that you have read and understood the terms and conditions of this Member Agreement and that you agree to be bound by all of its provisions.
Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any Member generated content, ideas, concepts, techniques and data) in our Interactive Forums, you grant (through this agreement) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any copyright infringements, contractual restrictions, or other third-party rights. You further agree to inform the Endovascular Forum in the event that any such information has changed since your registration with the Endovascular Forum and, if appropriate, you agree to make such modifications yourself to your profile.
Member agrees that you are solely responsible for your actions, and the content of your transmissions through or posting on the Website. Members may be permitted to access and use bulletin boards, mail lists, and other forms of group electronic communications through the Website ("Interactive Forums"). If Member participates in Interactive Forums, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Forums, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Website.
The Endovascular Forum exercises no control over any content you or others submit while using the Endovascular Forum. The Endovascular Forum has no obligation to verify the identity of any Members when they are connected to the site or to supervise the content which has been provided by Members. Note that we describe our current practices related to personally identifiable information collected through the Endovascular Forum in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform the Endovascular Forum.
The Endovascular Forum further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Forums. The Endovascular Forum also does not endorse any opinions expressed in Interactive Forums.
Prior to joining the Endovascular Forum, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Endovascular Forum Members and to the Endovascular Forum and you must not communicate to the Endovascular Forum and its Members any information the dissemination of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from the Endovascular Forum; (c) are not a direct competitor of the Endovascular Forum; (d) do not have more than one Endovascular Forum account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to the Endovascular Forum, including, but not limited to, (1) all service fees associated with such access; (2) certain current, complete, and accurate information about member ("Member Profile") as prompted to do so by the sign up process to become a registered member ("Member"); (3) maintain and update Member Profile as required to keep such information current, complete and accurate; (4) as applicable, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service; and (5) agree to these Terms. If any information that Member provides in its Member Profile is untrue, inaccurate, not current or incomplete, ENDOVASCULAR FORUM retains the right to terminate Member's account and Member's rights to use the Website.
Keep your password secure: You are responsible for taking all reasonable steps to ensure that no unauthorized person shall access the Website by using your ID. It is your sole responsibility to: (1) control the dissemination and use of your ID; (2) keep your password confidential, do not use other Members’ accounts and do not let others use your account; (3) authorize, monitor, and control access to and use of the Website by your ID. Furthermore, each Member is entirely responsible for any and all activities that occur with the use of his or her ID. Member agrees to immediately notify the Endovascular Forum of any unauthorized use of the Website or Member's ID, or any other breach of security known to Member. Unauthorized access to the Website, or to the telecommunications or computer facilities used to deliver the Website, is a breach of the Terms and is a violation of law. You are prohibited from selling, trading or otherwise transferring your Endovascular Forum account or any information therein to another party or charging anyone for access to any portion of the Endovascular Forum, or any information therein.
Indemnify us: You agree to indemnify and hold IC Sciences Corporation, its directors and officers, harmless from any claim, suit, demand, loss, damage, expense or liability ('Losses') arising from or related to any damage to any third party to the extent caused by (a) any breach of the representations and warranties made by it; or (b) the promotion, advertisement or marketing of the Services. Member shall indemnify and hold IC Sciences Corporation, its directors and officers, harmless from any Losses arising from or related to any damage to any third party to the extent caused by (a) any data or security breach, (b) any claim by a third party that the Content or any Work Product provided by or on behalf of Member infringe upon the intellectual property or personal or proprietary rights of that third party. The foregoing indemnification shall not apply in the event and to the extent that a court of competent jurisdiction determines that such losses arose as a result of the negligence, intentional misconduct or breach of this Agreement by the party seeking indemnification and with respect to the indemnification by Subscriber, in the event of any modification to the Subscriber Content other than by Subscriber, the combination of the Subscriber Content with any other data, products, materials, programming, or information not provided by Subscriber, or use by Company of the Subscriber Content in a form or manner not authorized by Subscriber pursuant to this Agreement.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes. When you click to purchase, you will be charged automatically and emailed a receipt.
In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line. All personal information you provide to the Endovascular Forum is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.
All information provided through our Website and telephone is stored on servers located in the USA. Such information will be processed by staff operating in the USA who work for our Company. Such staff may be engaged in the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. The Endovascular Forum will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with separate our privacy policy.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your the Endovascular Forum account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End Member License Agreement provided at download.
Forums/Blogs/Chat Rooms: The Endovascular Forum may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. The Endovascular Forum cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. THE ENDOVASCULAR FORUM AND THE ENDOVASCULAR FORUM AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a Member of the Endovascular Forum. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data
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Patient Confidentiality; Electronic Consultants; Compliance with Law. The Website may enable Members to post and transmit confidential patient information (Patient Information) through the Website's discussion boards, bulletin boards or other public forums. State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to transmit certain information to third parties. You represent and warrant that you will, at all times as a Member of this Website and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You understand and agree that improperly using or disclosing Content that contains an individual's health information may violate the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereto, subjecting you to substantial civil and criminal fines and imprisonment. You understand that consulting with a physician concerning a particular patient with a physician not licensed in your state may violate your state telemedicine or physician conduct laws. Health Care Professionals who are Members are solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Website.
Export Control: Your use of the Endovascular Forum services, including its software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-Member without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Your Rights — What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on the Endovascular Forum web pages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss. We grant you no other rights, implied or otherwise.
Our Rights and Obligations — What We Must And May Do
The purpose of the Endovascular Forum is to provide a service to facilitate professional networking among Members throughout the world. It is intended that Members only connect to other Members with whom they currently know or seek to further develop a professional relationship.
For as long as the Endovascular Forum continues to offer services, the Endovascular Forum shall provide (and seek to update, improve and expand, in similar and different new ways) the Endovascular Forum platform and service with the purpose of providing all members with professional networking connectivity, through the Endovascular Forum’s proprietary tools, rules and protocols which the Endovascular Forum may update, improve, discontinue and change at any time, at the Endovascular Forum’s sole discretion.
Any other use of the Endovascular Forum (such as seeking to connect to someone a Member does not have a professional relationship with or to use the Endovascular Forum as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access the Endovascular Forum as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Endovascular Forum, partially or entirely, or to charge and modify prices for the Endovascular Forum. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Endovascular Forum and all related items.
The Endovascular Forum reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, the Endovascular Forum has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
The Endovascular Forum may include or automatically produce links to third-party web sites (“Third-party Sites”). The Endovascular Forum is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. The Endovascular Forum may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-party Applications, Software or Content"). If you decide to leave the Endovascular Forum and access the Third-party Sites or to use or install any Third-party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Endovascular Forum or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Endovascular Forum, IC Sciences Affiliates, its Members and the public.
The Endovascular Forum may limit the number of connections you may have to other Members and prohibit you from contacting other Members based on your level of Membership granted or purchased.
You are solely responsible for your interactions with other members. The Endovascular Forum reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if the Endovascular Forum determines, in its sole discretion, that doing so is prudent.
Disclaimers
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
The Content is for informational purposes only. In view of the possibility of error by the authors, editors, or publishers of the works contained on the Website, neither Endovascular Forum nor any other party involved in the preparation of material contained on the Website represents, warrants or assumes any obligation to assure that the Website or Content is reliable, timely, accurate or complete. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Endovascular Forum. Accordingly, Endovascular Forum assumes no liability resulting or arising out of the delay, failure, interruption, or corruption of any information transmitted in connection with the use of the Website
Patients: The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Patients and consumers reading articles posted on the Website should review the information carefully with their professional health care provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
Physicians: The Content is not intended as a substitute for sound professional judgment. The Content does not substitute for medical advice or for professionally administered diagnostic or medical services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
THE ENDOVASCULAR FORUM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER MEMBER GENERATED CONTENT) SENT THROUGH THE ENDOVASCULAR FORUM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
THE ENDOVASCULAR FORUM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER MEMBERS OF THE COMMUNITY ; THEREFORE, THE ENDOVASCULAR FORUM DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
THE ENDOVASCULAR FORUM DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. THE ENDOVASCULAR FORUM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE ENDOVASCULAR FORUM DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ENDOVASCULAR FORUM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO THE ENDOVASCULAR FORUM.
THE WEBSITE AND THE CONTENT ARE MADE AVAILABLE AND DISTRIBUTED ON AN "AS IS" OR “AS AVAILABLE” BASIS. THE ENDOVASCULAR FORUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither IC Sciences Corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Affiliates”) shall be liable for (1) any damages in excess of one twelfth the most recent calculated fee that you paid for a membership, if any, or $250, whichever amount is greater, or (2) 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 Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the Endovascular Forum even if the Endovascular Forum is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to the Endovascular Forum which shall be effective upon the Endovascular Forum processing such notice. The Endovascular Forum may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Membership Services may be terminated only by the Endovascular Forum or the party paying for such services. Termination of your Endovascular Forum account includes disabling your access to the Endovascular Forum (including any content you submitted or others submitted) and may also bar you from any future use of the Endovascular Forum.
In furtherance and without limiting the foregoing, the Endovascular Forum has adopted a policy of terminating, in appropriate circumstances and at the Endovascular Forum’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. The Endovascular Forum may also at its sole discretion limit access to the Service and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Upon termination, you lose access to the Endovascular Forum. The terms of this Agreement shall survive any termination.
Massachusetts Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any IC Sciences Corporation’s Affiliates arising out of or relating to the Agreement or the Endovascular Forum (“Disputes”) shall be governed by Massachusetts law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.endovascularforum.org, and via email. You may also notify us via mail or courier at IC Sciences Corporation, Attn: Legal Department, One Joy Street, Boston MA 02108 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.endovascularforum.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Termination Section detailed above.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any the IC Sciences Affiliates shall be deemed legally binding on any IC Sciences Affiliates, unless documented in a physical writing hand signed by a duly appointed officer of the IC Sciences Corporation.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: IC Sciences Affiliates are not parties, but intended third-party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, the IC Sciences Corporation for any third party that assumes our rights and obligations under this Agreement.
The Endovascular Forum Member DOs & DON’Ts
As a condition to access the Endovascular Forum, you agree to this Member Agreement and to strictly observe the following DOs and DON’Ts:
DO
DON’T
Note! You are concluding a Legally Binding Agreement.
By accessing, viewing, downloading or otherwise using the Endovascular Forum or any webpage or feature available through the Endovascular Forum, any information provided as part of the Endovascular Forum services, or any related emails, newsletters or services (hereinafter collectively the “Endovascular Forum” or the “Services”), or by creating an account, you conclude a legally binding agreement with IC Sciences Corporation, One Joy Street, Boston, MA 02108 USA (“we”) based on the terms of this Endovascular Forum Member Agreement (“Agreement”) and become an Endovascular Forum Member (“Member”). If you do not want to become a Member, do not conclude the Agreement, do NOT create an account and do not access, view, download or otherwise use the Endovascular Forum webpage, information or services.
We encourage you to read this Member Agreement carefully in order to participate with us as a Member in the development of a quality service and first-rate Internet. By becoming a Member, you acknowledge that you have read and understood the terms and conditions of this Member Agreement and that you agree to be bound by all of its provisions.
Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any Member generated content, ideas, concepts, techniques and data) in our Interactive Forums, you grant (through this agreement) a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any way now known or in the future discovered, anything that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. By submitting any information to us, you represent and warrant that such submission is accurate, is not confidential, and is not in violation of any copyright infringements, contractual restrictions, or other third-party rights. You further agree to inform the Endovascular Forum in the event that any such information has changed since your registration with the Endovascular Forum and, if appropriate, you agree to make such modifications yourself to your profile.
Member agrees that you are solely responsible for your actions, and the content of your transmissions through or posting on the Website. Members may be permitted to access and use bulletin boards, mail lists, and other forms of group electronic communications through the Website ("Interactive Forums"). If Member participates in Interactive Forums, you are responsible for your own communications and the consequences of posting your communications. If you choose to post material using such Interactive Forums, you agree to do so solely for lawful purposes. You expressly agree that you will not post any material that: (1) is defamatory, libelous, abusive, or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal, or international law; (2) infringes on the copyright or any other proprietary right of a third-party; (3) would invade the privacy of any other person; (4) is intended to advertise to or solicit others without our express permission; (5) constitutes charity solicitations, chain letters or pyramid schemes; (6) contains a virus, worm, Trojan horse, time bomb, or any other harmful program or component; or (7) does not generally pertain to the designated topic or theme of the Website.
The Endovascular Forum exercises no control over any content you or others submit while using the Endovascular Forum. The Endovascular Forum has no obligation to verify the identity of any Members when they are connected to the site or to supervise the content which has been provided by Members. Note that we describe our current practices related to personally identifiable information collected through the Endovascular Forum in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise appropriating your information, you must immediately inform the Endovascular Forum.
The Endovascular Forum further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted in Interactive Forums. The Endovascular Forum also does not endorse any opinions expressed in Interactive Forums.
Prior to joining the Endovascular Forum, you must consider and decide, yourself, the extent to which you wish to reveal information about yourself to the large community of the Endovascular Forum Members and to the Endovascular Forum and you must not communicate to the Endovascular Forum and its Members any information the dissemination of which could be harmful to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed from the Endovascular Forum; (c) are not a direct competitor of the Endovascular Forum; (d) do not have more than one Endovascular Forum account at any given time; and (e) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to the Endovascular Forum, including, but not limited to, (1) all service fees associated with such access; (2) certain current, complete, and accurate information about member ("Member Profile") as prompted to do so by the sign up process to become a registered member ("Member"); (3) maintain and update Member Profile as required to keep such information current, complete and accurate; (4) as applicable, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service; and (5) agree to these Terms. If any information that Member provides in its Member Profile is untrue, inaccurate, not current or incomplete, ENDOVASCULAR FORUM retains the right to terminate Member's account and Member's rights to use the Website.
Keep your password secure: You are responsible for taking all reasonable steps to ensure that no unauthorized person shall access the Website by using your ID. It is your sole responsibility to: (1) control the dissemination and use of your ID; (2) keep your password confidential, do not use other Members’ accounts and do not let others use your account; (3) authorize, monitor, and control access to and use of the Website by your ID. Furthermore, each Member is entirely responsible for any and all activities that occur with the use of his or her ID. Member agrees to immediately notify the Endovascular Forum of any unauthorized use of the Website or Member's ID, or any other breach of security known to Member. Unauthorized access to the Website, or to the telecommunications or computer facilities used to deliver the Website, is a breach of the Terms and is a violation of law. You are prohibited from selling, trading or otherwise transferring your Endovascular Forum account or any information therein to another party or charging anyone for access to any portion of the Endovascular Forum, or any information therein.
Indemnify us: You agree to indemnify and hold IC Sciences Corporation, its directors and officers, harmless from any claim, suit, demand, loss, damage, expense or liability ('Losses') arising from or related to any damage to any third party to the extent caused by (a) any breach of the representations and warranties made by it; or (b) the promotion, advertisement or marketing of the Services. Member shall indemnify and hold IC Sciences Corporation, its directors and officers, harmless from any Losses arising from or related to any damage to any third party to the extent caused by (a) any data or security breach, (b) any claim by a third party that the Content or any Work Product provided by or on behalf of Member infringe upon the intellectual property or personal or proprietary rights of that third party. The foregoing indemnification shall not apply in the event and to the extent that a court of competent jurisdiction determines that such losses arose as a result of the negligence, intentional misconduct or breach of this Agreement by the party seeking indemnification and with respect to the indemnification by Subscriber, in the event of any modification to the Subscriber Content other than by Subscriber, the combination of the Subscriber Content with any other data, products, materials, programming, or information not provided by Subscriber, or use by Company of the Subscriber Content in a form or manner not authorized by Subscriber pursuant to this Agreement.
Pay: If you subscribe to any services that we offer for a charge, you will pay the applicable fees (including, without limitation, monthly fees for premium accounts) as they become due plus all related taxes. When you click to purchase, you will be charged automatically and emailed a receipt.
In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect on line. All personal information you provide to the Endovascular Forum is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.
All information provided through our Website and telephone is stored on servers located in the USA. Such information will be processed by staff operating in the USA who work for our Company. Such staff may be engaged in the processing of your payment details and the provision of support services. By submitting your personal information, you agree to this transfer, storing or processing. The Endovascular Forum will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with separate our privacy policy.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you agree that we may communicate with you regarding the Service by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be displayed on and through your mobile device, which data may be updated on a periodic basis by connecting to and transferring data from servers through the Internet and/or communication systems to provide content updates and to populate your mobile device with new information. By using Mobile Services, you hereby explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile telephone number, you agree to promptly update your the Endovascular Forum account information to ensure that your messages are not sent to the person that acquires your old number. Use of the Mobile Services may result in charges imposed by your wireless provider and you will be responsible for such charges. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the mobile End Member License Agreement provided at download.
Forums/Blogs/Chat Rooms: The Endovascular Forum may include various forums, blogs and chat rooms where you can post your observations and comments on designated topics. The Endovascular Forum cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. THE ENDOVASCULAR FORUM AND THE ENDOVASCULAR FORUM AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORUMS, BLOGS AND CHAT ROOMS.
Privacy: You should carefully read our full Privacy Policy before deciding to become a Member of the Endovascular Forum. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data
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Patient Confidentiality; Electronic Consultants; Compliance with Law. The Website may enable Members to post and transmit confidential patient information (Patient Information) through the Website's discussion boards, bulletin boards or other public forums. State and Federal laws, as well as ethical and licensure requirements of your profession may impose obligations with respect to patient confidentiality that may limit the ability of physicians, health care providers, and persons acting on their behalf, to transmit certain information to third parties. You represent and warrant that you will, at all times as a Member of this Website and thereafter, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of the Patient Information, and use your best efforts to cause all persons or entities under your direction or control to comply with such laws. You understand and agree that improperly using or disclosing Content that contains an individual's health information may violate the Health Insurance Portability and Accountability Act of 1996 and regulations promulgated thereto, subjecting you to substantial civil and criminal fines and imprisonment. You understand that consulting with a physician concerning a particular patient with a physician not licensed in your state may violate your state telemedicine or physician conduct laws. Health Care Professionals who are Members are solely responsible for obtaining and maintaining all patient consents and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the Patient Information you transmit, store, or receive in connection with the Website.
Export Control: Your use of the Endovascular Forum services, including its software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-Member without obtaining any required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
Your Rights — What You May Do
On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on the Endovascular Forum web pages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss. We grant you no other rights, implied or otherwise.
Our Rights and Obligations — What We Must And May Do
The purpose of the Endovascular Forum is to provide a service to facilitate professional networking among Members throughout the world. It is intended that Members only connect to other Members with whom they currently know or seek to further develop a professional relationship.
For as long as the Endovascular Forum continues to offer services, the Endovascular Forum shall provide (and seek to update, improve and expand, in similar and different new ways) the Endovascular Forum platform and service with the purpose of providing all members with professional networking connectivity, through the Endovascular Forum’s proprietary tools, rules and protocols which the Endovascular Forum may update, improve, discontinue and change at any time, at the Endovascular Forum’s sole discretion.
Any other use of the Endovascular Forum (such as seeking to connect to someone a Member does not have a professional relationship with or to use the Endovascular Forum as a means of generating revenue through the sale of contacts or information to others) is strictly prohibited and is a violation of this Agreement.
We allow you to access the Endovascular Forum as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Endovascular Forum, partially or entirely, or to charge and modify prices for the Endovascular Forum. All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Endovascular Forum and all related items.
The Endovascular Forum reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, the Endovascular Forum has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
The Endovascular Forum may include or automatically produce links to third-party web sites (“Third-party Sites”). The Endovascular Forum is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. The Endovascular Forum may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third-party Applications, Software or Content"). If you decide to leave the Endovascular Forum and access the Third-party Sites or to use or install any Third-party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Endovascular Forum or relating to any applications you use or install from the site.
You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of the Endovascular Forum, IC Sciences Affiliates, its Members and the public.
The Endovascular Forum may limit the number of connections you may have to other Members and prohibit you from contacting other Members based on your level of Membership granted or purchased.
You are solely responsible for your interactions with other members. The Endovascular Forum reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if the Endovascular Forum determines, in its sole discretion, that doing so is prudent.
Disclaimers
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
The Content is for informational purposes only. In view of the possibility of error by the authors, editors, or publishers of the works contained on the Website, neither Endovascular Forum nor any other party involved in the preparation of material contained on the Website represents, warrants or assumes any obligation to assure that the Website or Content is reliable, timely, accurate or complete. When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Endovascular Forum. Accordingly, Endovascular Forum assumes no liability resulting or arising out of the delay, failure, interruption, or corruption of any information transmitted in connection with the use of the Website
Patients: The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Patients and consumers reading articles posted on the Website should review the information carefully with their professional health care provider. You should never disregard professional medical advice or delay in seeking it because of something you have read on the Website. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
Physicians: The Content is not intended as a substitute for sound professional judgment. The Content does not substitute for medical advice or for professionally administered diagnostic or medical services. Your reliance upon Content obtained by you at or through the Website is solely at your own risk.
THE ENDOVASCULAR FORUM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER MEMBER GENERATED CONTENT) SENT THROUGH THE ENDOVASCULAR FORUM TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
THE ENDOVASCULAR FORUM DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER MEMBERS OF THE COMMUNITY ; THEREFORE, THE ENDOVASCULAR FORUM DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
THE ENDOVASCULAR FORUM DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. THE ENDOVASCULAR FORUM DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, THE ENDOVASCULAR FORUM DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE ENDOVASCULAR FORUM SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO THE ENDOVASCULAR FORUM.
THE WEBSITE AND THE CONTENT ARE MADE AVAILABLE AND DISTRIBUTED ON AN "AS IS" OR “AS AVAILABLE” BASIS. THE ENDOVASCULAR FORUM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT USE OF THE WEBSITE AND CONTENT IS AT YOUR SOLE RISK.
Limitation of Liability
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither IC Sciences Corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Affiliates”) shall be liable for (1) any damages in excess of one twelfth the most recent calculated fee that you paid for a membership, if any, or $250, whichever amount is greater, or (2) 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 Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the Endovascular Forum even if the Endovascular Forum is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:
Termination
You may terminate this Agreement, for any or no cause, at any time, with notice to the Endovascular Forum which shall be effective upon the Endovascular Forum processing such notice. The Endovascular Forum may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Membership Services may be terminated only by the Endovascular Forum or the party paying for such services. Termination of your Endovascular Forum account includes disabling your access to the Endovascular Forum (including any content you submitted or others submitted) and may also bar you from any future use of the Endovascular Forum.
In furtherance and without limiting the foregoing, the Endovascular Forum has adopted a policy of terminating, in appropriate circumstances and at the Endovascular Forum’s sole discretion, members who are deemed to be repeat infringers under the United States Copyright Act. The Endovascular Forum may also at its sole discretion limit access to the Service and/or terminate the memberships of any Members who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Consequences of Termination
Upon termination, you lose access to the Endovascular Forum. The terms of this Agreement shall survive any termination.
Massachusetts Law and Arbitration
Choice of Law: The Agreement and any disputes with us or any IC Sciences Corporation’s Affiliates arising out of or relating to the Agreement or the Endovascular Forum (“Disputes”) shall be governed by Massachusetts law, excluding conflicts of law principles and excluding the CISG.
Agreement to Arbitrate and Pay Attorneys’ Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in Boston, Massachusetts, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.
Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
General Terms
Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.
Notices: We may notify you via postings on www.endovascularforum.org, and via email. You may also notify us via mail or courier at IC Sciences Corporation, Attn: Legal Department, One Joy Street, Boston MA 02108 USA; any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.endovascularforum.org or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Termination Section detailed above.
No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any the IC Sciences Affiliates shall be deemed legally binding on any IC Sciences Affiliates, unless documented in a physical writing hand signed by a duly appointed officer of the IC Sciences Corporation.
No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.
Beneficiaries: IC Sciences Affiliates are not parties, but intended third-party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, the IC Sciences Corporation for any third party that assumes our rights and obligations under this Agreement.
The Endovascular Forum Member DOs & DON’Ts
As a condition to access the Endovascular Forum, you agree to this Member Agreement and to strictly observe the following DOs and DON’Ts:
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DON’T
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