CAL/ACEP Web Site Terms of Use/Privacy Statement (September 27, 2000)

CAL/ACEP Terms of Use
CAL/ACEP Privacy Statement

CAL/ACEP TERMS OF USE:
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the site.

1. Restrictions on Use of CAL/ACEP Website
2. Disclaimer
3. Bulletin Boards and Chat Rooms
4. Limitation of Liability
5. Links
6. General Information
7. Termination
8. Amendment

1. Restrictions on Use of CAL/ACEP Website
   This site is owned and operated by the California Chapter of the American College of Emergency Physicians (“CAL/ACEP”) and contains material which is protected by international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software. You may download material from this site for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not sell any of this material for any reason

By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting CAL/ACEP a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

• Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
• Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, servicemark or patent laws under any relevant jurisdiction.

2. Disclaimer
   THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAL/ACEP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, BUT NOT LIMITED TO , IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

CAL/ACEP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CAL/ACEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.

3. Bulletin Boards and Chat Rooms
   The CAL/ACEP Website includes bulletin boards and chat rooms ("bulletin boards") which allow feedback to CAL/ACEP and interaction between users. CAL/ACEP does not control the messages, information or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this Website that you do not:
• Restrict or inhibit any other user from using and enjoying the bulletin boards;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would violate the antitrust laws or would otherwise constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; Post or transmit any information, software or other material which contains a virus or other harmful component.
• Post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
• You understand that CAL/ACEP has no obligation to monitor the bulletin boards. However, CAL/ACEP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in CAL/ACEP’s sole discretion are objectionable or in violation of these terms and conditions.

4. Limitation of Liability
   Under no circumstances, including, but not limited to, negligence, shall CAL/ACEP, its subsidiary companies or affiliates or offices, directors or employees be liable for any direct, indirect, incidental, special or consequential or punitive damages that result from the use of, or the inability to use, the CAL/ACEP Website, even if CAL/ACEP has been advised in advance of such a possibility.

You specifically acknowledge and agree that the CAL/ACEP is not liable for any defamatory, offensive or illegal conduct of any user.

If you are dissatisfied with any CAL/ACEP material, or with any of the CAL/ACEP Website’s terms and conditions, your sole and exclusive remedy is to discontinue using the CAL/ACEP Website.

5. Links
   CAL/ACEP may provide, or third parties may provide, links to the other World Wide Web sites or resources. Because CAL/ACEP has no control over such sites and resources, you acknowledge and agree that CAL/ACEP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible for any content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that CAL/ACEP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.

6. General Information
   The Terms of Use (“TOU”) constitute the entire agreement between you and CAL/ACEP and govern your use of the CAL/ACEP Website. The TOU and the relationship between you and CAL/ACEP shall be governed by the laws of the State of California without regard to its conflict of law provisions.

You and CAL/ACEP agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California.

The failure of CAL/ACEP to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.

If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.

You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to use of the CAL/ACEP Website or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. CAL/ACEP may amend the TOU at any time.

7. Termination
   This agreement is effective until terminated by the CAL/ACEP at any time without notice. In the event of termination, you are no longer authorized to access the bulletin boards and the restrictions imposed on you with respect to material downloaded from the bulletin boards, the disclaimers and limitations set forth in this agreement shall survive.