NOTICE: USSONAR provides thE SYSTEM FOR EDUCATIONAL PURPOSES ONLY AND IT SHOULD NOT BE USED FOR MAKING DIRECT TREATMENT DECISIONS. NO OTHER USE IS AUTHORIZED BY USSONAR. If you are not an authorized user (MEANING A SPECIFIED USER), stop NOW; do not attempt to use the SYSTEM.
A. ACCESS TO THE SYSTEM.
Registration. You are not authorized to access and use the System unless You are a Specified User. If You are a Specified User, in order to utilize the System You must: (a) provide all equipment, including a computer and equipment necessary to establish a connection to the World Wide Web; (b) provide Your own access to the World Wide Web; (c) pay any telephone or other service fees associated with such access; (d) provide current, complete, and accurate information ("User Profile") as prompted to do so during the sign up process in order to become an authorized user of the System; (e) maintain and update Your User Profile as required to keep such information current, complete and accurate; and (f) agree to the Terms. If any information in Your User Profile is untrue, inaccurate, not current or incomplete, USSONAR reserves the right to terminate Your use of the System. USSONAR may refuse to offer the System to You and may change its criteria for access to the System, including the Terms, at any time, in its sole discretion.
- Username, Password and Security. Your access to and use of the System is controlled through a combination of a unique user name and a password (collectively, "ID"). USSONAR will assign You a unique ID. You may only access and use the System using Your ID. You are responsible for maintaining the confidentiality of Your ID and for any and all activities that occur using Your ID. You agree to immediately notify USSONAR of any unauthorized use of the System or Your ID. You covenant and agree that You shall not, under any circumstances, circumvent or attempt to circumvent the security measures established by USSONAR for access to the System and that doing so shall constitute a breach of the Terms and a violation of 18 U.S.C. § 1030.
B. PERMITTED USE.
Limited Use. The System is owned by USSONAR. USSONAR grants permission for Your limited use, and has not sold the System to you. You are granted only those rights specifically set forth herein and as limited by any Additional Terms, if any. Subject to Your compliance with all of the Terms and timely payment of all fees due thereunder, USSONAR grants You a limited, right to use the System as designated for Your use solely for educational purposes, for the term authorized by USSONAR. This limited use is granted to You only and is not transferable except as permitted by USSONAR. You acknowledge and agree that any access or use of the System in a manner other than as authorized under these Terms is prohibited and constitutes an unauthorized use of the System, exceeds "authorized access” as defined under 18 U.S.C. § 1030, and violates USSONAR's intellectual property and other rights. You understand that USSONAR may revoke Your access to the System at any time if USSONAR determines that You have failed to comply with the Terms or if USSONAR is required to do so for legal reasons.
Limitations. You shall NOT: (a) rent, sell, assign, lease, share, transfer or dispose of any part of the System or otherwise proliferate any part of the System to any other person or perform services using any part of the System for any third party, including through any timesharing service, service bureau, network or by any other means; (b) share Your ID with any third party or otherwise permit any third party to access the System or disclose any of part of the System to any third party without USSONAR’s prior written approval; (c) modify, reproduce, publicly display, distribute, or use the System or any part thereof for commercial distribution; (d) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas or structure of all or any portion of the System; (e) use the System or any part thereof to construct or distribute a database of any kind; (f) copy, translate, port, modify or make derivative works of any part of the System; (g) upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer and/or the servers that host the System; (h) use the System or any part thereof in any manner that is prohibited by law or regulation; (i) use or access the System in a manner, or act otherwise in any manner, that is intended to damage, disable, overburden, or impair access to or performance of the System or disrupt networks connected to the System; (j) use any device, software or routine or attempt to interfere with the proper functioning of the System or any transactions being offered by the System; (k) gain or attempt to gain unauthorized access to the System; or (l) file patent applications based on or that incorporate any part of the System, without USSONAR’s express written consent.
Reserved Rights. Except for the express rights granted to You in Paragraph B.1 above no other rights are granted to You in the System. All rights not expressly granted to You are reserved to USSONAR.
Access to Your Systems. You understand that USSONAR has the right to monitor Your use of the System and to access Your System as necessary to provide maintenance and support services, to upgrade the Software, and to assure Your compliance with the Terms. You agree that USSONAR has the right to do so and to disable and terminate Your use of the System if USSONAR determines, in its sole discretion, that You are using the System in any manner other than as expressly authorized under the Terms. You hereby grant USSONAR the right to remotely access or monitor Your use of the System. You further agree to provide USSONAR with access to Your books and records as necessary for USSONAR to confirm Your compliance with the Terms.
- Ownership and Intellectual Property. You acknowledge and agree that USSONAR or its licensors, if any, are the sole and exclusive owner of the System and all components thereof, including any and all authorized or unauthorized derivative works, and that USSONAR or its licensors are the sole and exclusive owner(s) of all right, title and interest (including, without limitation, all intellectual property rights) therein, including without limitation in the information in or related to the System. You further acknowledge that all of the above is protected by copyrights, trademarks, and other proprietary rights owned by USSONAR or its licensors, title to all of which is expressly reserved, and that you acquire no rights in any of the same, express or implied, beyond those specifically granted in the Terms.
C. NO WARRANTY.
System Provided “As Is”. USSONAR MAKES NO WARRANTY TO YOU WITH RESPECT TO THE SYSTEM. USSONAR PROVIDES YOU WITH ACCESS TO THE SYSTEM ON AN "AS IS" AND “AS AVAILABLE” BASIS. USSONAR MAKES NO WARRANTIES AND HEREBY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SYSTEM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, INTERFERENCE WITH QUIET ENJOYMENT, SYSTEM INTEGRATION OR WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. USSONAR DOES NOT WARRANT THAT ACCESS TO THE SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE.
Acknowledgement, Release and Indemnity. You acknowledge that USSONAR has provided You with access to the System for educational use only pursuant to the Terms. You agree that USSONAR shall not be responsible for and You hereby release and covenant and agree not to assert any claim against USSONAR that it is responsible for the accuracy or validity of any medical or clinical diagnosis or other use of the System for any other purpose.
You will defend, indemnify, and hold harmless USSONAR; its affiliates, independent contractors, service providers, and consultants; and each of their respective directors, officers, employees, stockholders, and agents (collectively, “USSONAR Parties”), from and against any claims, damages, costs, injuries, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of, or inability to use, the System.
D. LIMITATION OF LIABILITY. EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER USSONAR, NAOI, NOR ANY USSONAR-RELATED OR NAOI-RELATED ENTITY , SUCCESSOR, PREDECESSOR, PARENT, JOINT VENTURE, AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, CONTRACTOR, LICENSOR OR LICENSEE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH YOU FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, STATUTORY OR CONSEQUENTIAL DAMAGES OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, DOWNTIME COSTS OR BUSINESS INTERRUPTION) ARISING OUT OF, OR RELATING TO, THE TERMS OR THE SYSTEM OR YOUR RIGHTS UNDER ANY PROVISION OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SYSTEM, WHETHER FRAMED AS A BREACH OF WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE. IN NO EVENT SHALL USSONAR’S OR ITS AFFILIATES' LIABILITY ARISING OUT OF YOUR USE OF THE SYSTEM OR INABILITY TO ACCESS THE SYSTEM OR ANY OF THE DATA EXCEED THE LESSER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU AND/OR ANY SPONSOR TO USSONAR DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT ALLEGEDLY GIVING RISE TO THE LIABILITY AND (B) $1,000. THE FOREGOING EXCLUSIONS AND LIMITATIONS ON REMEDIES AND DAMAGES ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
E. PROTECTION OF USSONAR PROPERTY. The System is owned and operated by USSONAR, its subsidiaries, affiliates and/or third party licensors or vendors, if any. USSONAR, its subsidiaries, affiliates and/or third party licensors and vendors reserve any rights, title and interest not expressly granted by the Terms. USSONAR and the USSONAR logo are trademarks of USSONAR and may not be used, published, distributed or incorporated into any product, publication or offering without USSONAR’s express prior written consent. All other trademarks and registrations used in connection with the System are the property of their respective owners. The System is protected by the copyright and trade secret laws of the US and may not be used, copied or further distributed without USSONAR’s express prior written consent.
F. DISCLAIMERS. The System is provided for educational purposes only. You acknowledge and agree that the information contained on or in connection with the System is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding any specific diseases and is not intended to provide specific medical advice to any specific patient. The System does not substitute for medical advice or for professionally administered diagnostic or medical services. You acknowledge and agree that You should not act or rely on any information contained on or in connection with the System without first seeking the advice of a Board Certified Physician. All medical information should be reviewed by the patient's doctor before making any decision or taking any action. You are solely responsible for evaluating the accuracy, completeness, and usefulness of the System.
NO MEDICAL ADVICE IS GIVEN NOR IS ANY PROVIDED IN OR IN CONNECTION WITH THE SYSTEM. NOTWITHSTANDING ANYTHING TO THE CONTRARY, INFORMATION OBTAINED ON OR IN CONNECTION WITH THE SYSTEM WHICH MAY BE MEDICAL IN NATURE IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND USSONAR WILL BEAR NO LIABLITY FOR ANY SUCH INFORMATION PROVIDED TO YOU.
No Control of Internet. When using the System, information will be transmitted over a medium that is beyond USSONAR’s control. Accordingly, USSONAR 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 System. USSONAR shall be excused for failures and delays with respect to the System arising out of any cause beyond USSONAR's control, including without limitation, any act of God, war, riot or insurrection, law or regulation, strike, flood, fire, or explosion.
Security Breach. YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND USSONAR DOES NOT AND CANNOT GUARANTEE THAT DATA OR OTHER INFORMATION SUBMITTED TO OR AVAILABLE FROM THE SYSTEM WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. YOU HEREBY RELEASE USSONAR FROM ALL CLAIMS AND LAIBILITY RESULTING FROM SUCH UNAUTHORIZED ACCESS.
Access Outside USA. USSONAR makes no claims that the System is appropriate for access or use outside the U.S. Your assume all risk of accessing and/or using the System outside the United States and are responsible for compliance with the applicable laws, rules and regulations governing Your use of the System.
Third Party Rights. Certain information contained on or in connection with the System may be subject to third party intellectual property rights, policies and/or restrictions (“Third Party Restricted Content”). USSONAR is not responsible for examining or evaluating, and USSONAR does not warrant, any Third Party Restricted Content. USSONAR does not assume any responsibility or liability for such Third Party Restricted Content. You shall evaluate and bear all risks associated with the use of any Third Party Restricted Content. You are solely responsible for obtaining any necessary rights, licenses and/or consents which may govern Your intended use or re-use of any such Third Party Restricted Content.
Governing Law. Any dispute regarding the System or these Terms shall be governed by the laws of the State of Washington, and by Titles 15, 17 and 35 of the U.S.C., as amended, and the parties agree to accept the exclusive jurisdiction of the state and federal courts located in Seattle, Washington, regardless of conflicts of laws. The 1980 U.N. Convention on Contracts for the International Sale of Goods will not apply to this Agreement. In any dispute between USSONAR and You for breach of the Terms or USSONAR’s rights, where USSONAR prevails, USSONAR shall be entitled to recover its reasonable attorneys’ fees, legal expert fees, court costs, and other legal expenses.
Unenforceability. To the extent that any provision of the Terms is determined to be illegal or unenforceable, the remainder of the Terms will remain in full force and effect.