Terms of Service
Thank you for using our Website. By using eContour.org, you signify
your assent to these terms of use. We reserve the right, at our
discretion, to change, modify, add, or remove portions of these terms
at any time. Please check these terms periodically for changes. Without
any additional action on your part, your use of, access or viewing of,
or submission of any content to or through the Website is subject to,
and constitutes your acceptance of and agreement with, these Terms and
Conditions.
Member Account
If you register as a user of this Website, you will be assigned a
username and password that is unique to you. You are responsible for
maintaining the confidentiality of the username and password, and
responsible for all activities that occur under your username and
password. You agree to immediately notify eContour.org of any
unauthorized use of your username and password at the time at which one
finds out that their account was breached at support@eContour.org.
Privacy
Registration data and certain other information, including demographic,
Website usage statistics, equipment preference, and Forum data are
subject to eContour.org’s privacy policy. For more information, see our
Privacy Policy, which is incorporated in full herein by reference.
Fees and Payments
Our mission is to maintain eContour.org available to radiation oncology
professionals FREE OF CHARGE. However, eContour.org reserves the right
at any time to charge fees for access to portions of the Website or the
Website as a whole. But in no event will you be charged for access to
the Website unless we obtain your prior agreement to pay such charges.
Restrictions on Use of Materials
Unless otherwise noted, all materials, including, but not limited to,
articles, images, illustrations, designs, logos, icons, and photographs
that are part of the Website (collectively, the "Content") are
protected by copyright and owned, controlled or licensed by
eContour.org, or the party credited as the owner of the Content. You
shall abide by all additional copyright notices, information or
restrictions contained in any Content accessed through the Website.
No Content from the Website may be copied, reproduced, framed,
hyperlinked, republished, downloaded, uploaded, posted, transmitted, or
distributed in any way; provided, however, you may download, where
specifically permitted, one copy of the Content on any single computer
for your personal, non-commercial use only, provided you keep intact
all copyright and other proprietary notices. Copying or storing of any
Content for other than personal use is expressly prohibited without
prior permission from support@eContour.org.
If you wish to build a hyperlink to the Website, you may do so provided
you agree to cease such link upon request from eContour.org (See
additional information in "
Links to eContour.org"
below. No other use is permitted without prior written permission of
eContour.org. Use of any robot, spider, other automatic device, or
manual process to monitor or copy our Web pages or the Content is
strictly forbidden. All trademarks, service marks and trade names are
proprietary to eContour.org.
Software
All software and data regarding eContour.org is copyrighted
material of eContour.org and/or of its suppliers which has been made
accessible to you by means through eContour.org for only the accessing
and expressed purposes declared on eContour.org. This includes
applications, files, images, code, programs, source and destination,
all data (meta or otherwise), and software that is made available to
download, use on eContour.org, and from affiliated third-party sites;
all which will continue to be referred to as “Software.” eContour.org
retains full and complete title to all intellectual property rights of
the Software. Any permissions/consents given, product sales, of
Software that is made available does not include the transfer of
ownership from eContour.org, such as copyrights or patents. Unless
expressly authorized by eContour.org or content providers, you agree
not to translate, reproduce, modify, rent, lease, loan, sell,
distribute, mirror, frame, republish, download, remove
copyrights/trademarks/logos/notice of ownership, transmit or create
derivative works, in whole or in part, by any means. You also agree to
not modify, decompile, or reverse engineer any Software provided by
eContour.org and its affiliated sources.
Use of the Software is also subjected to and governed by the terms of
the “End User Agreement” that accompanies or is included with, and/or
downloaded upon use of the Software ("End User Agreement").
E-Mail and Public Communication
"Forum" means letters, e-mails or other types of communications to the
webmaster(s) or employees of eContour.org, and messages posted in
connection with online discussions on the Website. You shall not upload
to, distribute through, or otherwise publish through a Forum on the
Website any content which is libelous, defamatory, obscene,
pornographic, threatening, knowingly incorrect, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable that
would constitute or encourage a criminal offense, violate the rights of
any party, or that would otherwise give rise to liability or violate
any law.
The Forums shall be used only in a noncommercial manner. You shall not,
without our express approval, distribute or otherwise publish any
material containing any solicitation of funds, promotion, advertising,
or solicitation for goods or services. You specifically acknowledge
that soliciting other guests of the Website to join or become members
of any commercial online or offline service or other organization is
expressly prohibited.
Subject to the terms of the eContour.org privacy policy, in general, we
will not monitor or edit the contents of Forum materials unless
required in the course of normal maintenance of the Website and its
systems or unless required to do so by law or in the good-faith belief
that such action is necessary to: (1) comply with the law or comply
with legal process served on eContour.org; (2) protect and defend the
legitimate business interests, rights or property of eContour.org, its
users, advertisers, customers, sponsors, advertisers or affiliates; or
(3) act in an emergency to protect the personal safety of our guests or
the public. Users shall remain solely responsible for the content of
their communications. eContour.org has the right but not the obligation
to monitor and edit or remove any Forum communications and content.
As between you and eContour.org, you own the materials that you upload
but by uploading materials to any Forum or submitting any materials to
us, you automatically grant (or warrant that the owner of such rights
has expressly granted) us a perpetual, royalty-free, irrevocable,
world-wide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from and distribute
such materials or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe as
eContour.org sees fit and in any commercial or editorial materials used
or created for use by eContour.org, its affiliates, or sub-licensees.
In addition, you warrant that all so-called "moral rights" in those
materials have been waived.
You further grant all users of the eContour.org website permission to
view your images for their personal, non-commercial purposes. This
includes the right to copy and make derivative works from the images
solely to the extent necessary to view the images. For all materials
that you submit, you represent and warrant that: (i) you are not under
any obligation to license, assign, or otherwise transfer any rights in
the material submitted to eContour.org to any third party and that you
have the sole right to grant the licenses as set forth above. (ii) that
all of the included materials are duly authored, credited, or licensed
you in a manner which gives you the right to grant the licenses as set
forth above; (iii) eContour.org will not need to obtain licenses from
any third party or pay royalties to any third party; (iv) the content
does not infringe any third party's rights, including intellectual
property rights and privacy rights and does not include any
confidential patient information, protected health information, or
information otherwise prohibited from public disclosure.; and (v) the
content complies with this Agreement (End User Agreement??) and all
applicable laws.
Third Party Communication and Content
Third Party Communications.
eContour.org disclaims all liability for any Third Party Communications
you may receive or any actions you may take or refrain from taking as a
result of any Third Party Communications. You are solely responsible
for assessing and verifying the identity and trustworthiness of the
source and content of any Third Party Communications. eContour.org
assumes no responsibility for verifying, and makes no representations
or warranties regarding, the identity or trustworthiness of the source
or content of any Third Party Communications. As used herein, "Third
Party Communications" means any communications directed to you from any
third party directly or indirectly in connection with this Website.
Third Party Content. Third party content (including, without
limitation, Postings) may appear on this Website or may be accessible
via links from this Website. eContour.org shall not be responsible for
and assumes no liability for any infringement, mistakes, misstatements,
defamation, slander, libel, omissions, falsehood, obscenity,
pornography or profanity in the statements, opinions, representations
or any other form of content contained in any third party content
appearing on this Website. You understand that the information and
opinions in the third party content is neither endorsed by nor does it
reflect the belief or opinion of eContour.org. Further, information and
opinions provided by employees and agents of eContour.org in
Interactive Areas are not necessarily endorsed by eContour.org and do
not necessarily represent the beliefs and opinions of eContour.org.
Links to eContour.org
All links related to eContour.org must be approved in writing by
eContour.org or content providers unless in which it falls under the
ALL the following subsections, in which eContour.org preemptively
consents to links that are: (i) text only, displaying only the title of
the homepage of eContour.org and directs traffic or “points” only to
the home page of eContour.org and not to deeper pages / sublevels of
eContour.org. (ii) the link, when directing the user, displays the home
page of eContour.org in full screen/view and not within a “frame” on
the linked site, nor will this view have any altered or distorted
portions. (iii) The appearance, position, and other aspects of the link
do not create an implicit or explicit presentation that an entity, its
activities and products, are associated with or sponsored by
eContour.org and/or its affiliates and/or content providers nor shall
the appearance, position, and other aspects of the link create an
implicit or explicit presentation that purports, or can potentially
lead viewers to believe, that eContour.org supports an unstated
position in any political or religious manner. Nor shall the
appearance, position, and other aspects of the link damage or dilute
the goodwill or purpose associated with the name and trademarks of
eContour.org and/or its affiliates/content providers. In any and every
event of usage, you agree that eContour.org reserves the right to
withdraw consent to any link, for and without any reason, or prior
notice at any time. You further agree to immediately remove or delete
any links in which consent from eContour.org has been withdrawn and if
applicable, provide eContour.org for any damages caused or incurred by
improper action.
Not Professional Advice
The Content contained on the Website has been prepared by eContour.org
as a service to its members and the Internet community and is not
intended to constitute medical advice or opinion. eContour.org has used
reasonable efforts in collecting, preparing and providing quality
information and material, but does not warrant or guarantee the
accuracy, completeness, adequacy or currency of the information
contained on or linked to the Website. Users of the information from
the Website or links do so at their own risk and explicitly agree that
they have sufficient professional training and licensure to evaluate
and utilize any of the information in their professional activity.
Other Products
Any reference made by the Website to any specific commercial product,
process, or service (or eContour.org of such product, process or
service) by trade name, trademark, hyperlink, or otherwise, does not
constitute or imply an endorsement, recommendation, or favoring by
eContour.org. Content on the Website may be provided by third parties
and users. Any opinions, advice, statements, services, offers or other
information expressed or made available by third parties, including
information eContour.org’s, users or others, are those of the
respective author(s) or distributor(s) and do not necessarily state or
reflect those of eContour.org. If you make suggestions to eContour.org
on improving or adding new features to the website, eContour.org shall
have the right to use your suggestions without any compensation to you.
Links to Other Web Sites and Services
To the extent that the Website contains links to outside
services and resources, eContour.org does not control the availability
and content of those outside services and resources. Any concerns
regarding any such service or resource, or any link thereto, should be
directed to the particular service or resource.
Non-Transferability
Your right to use this Website is not transferable. Any password or
right given to you to obtain information is not transferable.
Indemnification
You agree to indemnify, defend and hold eContour.org harmless from any
liability, loss, claim and expense, including reasonable attorneys'
fees, related to your violation or alleged violation of this Agreement
or use of the Website.
Disclaimer
THE CONTENT IN THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, ECONTOUR.ORG DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ECONTOUR.ORG DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
CONTENT WILL BE UNINTERRUPTED OR ERROR- FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ECONTOUR.ORG
DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
ECONTOUR.ORG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
THE INFORMATION CONTAINED IN THIS WEBSITE, AND ITS ASSOCIATED WEBSITES,
INCLUDING BUT NOT LIMITED TO ECONTOUR.ORG, IS PROVIDED AS A SERVICE TO
THE INTERNET COMMUNITY, AND DOES NOT CONSTITUTE MEDICAL ADVICE. WE TRY
TO PROVIDE QUALITY INFORMATION, BUT WE MAKE NO CLAIMS, PROMISES OR
GUARANTEES ABOUT THE ACCURACY, COMPLETENESS, OR ADEQUACY OF THE
INFORMATION CONTAINED IN OR LINKED TO THIS WEBSITE AND ITS ASSOCIATED
SITES. AS MEDICAL AND OTHER PROFESSIONAL ADVICE MUST BE TAILORED TO THE
SPECIFIC CIRCUMSTANCES OF EACH CASE, AND THE SCIENCE IS CONSTANTLY
EVOLVING, NOTHING PROVIDED HEREIN SHOULD BE USED AS A SUBSTITUTE FOR
THE ADVICE OF A LICENSED MEDICAL PROFESSIONAL.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL ECONTOUR.ORG BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT ON
THE WEBSITE, EVEN IF ECONTOUR.ORG OR AN ECONTOUR.ORG AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ECONTOUR.ORG'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR
OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE
WEBSITE.
Jurisdiction
Unless otherwise specified, the Content on the Website is presented
solely for the purpose of promoting publications and other products
available in the United States, its territories, possessions, and
protectorates. The Website is controlled and operated by eContour.org
from its office within the State of California. eContour.org makes no
representation that Content on the website is appropriate or available
for use in other locations. Those who choose to access the Website from
other locations do so on their own initiative and are responsible for
establishing the usability or correctness of any information or Content
under any or all jurisdictions and the compliance of that information
or Content with local laws, if and to the extent local laws are
applicable.
All users, including those users who access the Website from a country
other than the U.S., agree that the laws of the State of California
shall govern any dispute, including those arising from eContour.org's
use of personal information or otherwise relating to privacy, as
specified in the Privacy Policy.
These terms shall be governed by and construed in accordance with the
laws of the State of California. You agree that any action at law or in
equity arising out of or relating to these terms shall be filed only in
the state or federal courts located in San Diego County and you hereby
consent and submit to the personal jurisdiction of such courts for the
purposes of litigating any such action. If any provision of these terms
shall be unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not
affect the validity and enforceability of any remaining provisions. You
agree that regardless of any law or statute to the contrary, any claim
or cause of action arising out of or relating to the Website and these
Terms of Service
must be filed within one (1) year of the date the cause of action
arose, or be barred as untimely. This is the entire agreement between
us relating to the subject matter herein and shall not be modified
except as provided herein or in writing, signed by eContour.org.
To the extent that anything in or associated with the Website is in
conflict or inconsistent with this Agreement, this Agreement shall take
precedence. eContour.org's failure to enforce any provision of this
Agreement shall not be deemed a waiver of such provision nor of the
right to enforce such provision.
Termination
These terms are effective until terminated by either party. You may
terminate these terms at any time by destroying all Content obtained
from any and all Website(s) and all related documentation and all
copies and installations thereof, whether made under these terms or
otherwise. The privileges granted to you by these terms, including the
maintenance of a member account, will terminate immediately without
notice from eContour.org if, in eContour.org's sole discretion, you
fail to comply with any provision of these terms. Upon termination, you
must destroy all Content obtained from the Website and all copies
thereof, whether made under these terms or otherwise. eContour.org may
take such further action as eContour.org determines to be appropriate
under the circumstances to eliminate or preclude repeat violations, and
eContour.org shall not be liable for any damages of any nature suffered
by any customer, user, or any third party resulting in whole or in part
from eContour.org's exercise of its rights under these terms and
conditions.
Privacy Policy
We want you to be clear how we’re storing and using information.
Information we collect:
We collect information in 2 ways:
- Information you give us.
When you sign up for an eContour.org account we’ll ask for personal
information like your name, email address, profession, and practice
type and location.
- Information we get from your use of our Website.
We may collect information about how you use eContour.org, like how
many and which cases you view, comments or questions that you post to
eContour.org. This information helps us improve your user experience.
We also collect:
- Log information – When you use our services or view content
provided by eContour.org, LLC, we may automatically collect and store
certain information in server logs. This may include:
- Details of how you used our service, such as your search queries
- Device event information such as crashes, system activity,
hardware settings, browser type, browser language, the date and time of
your request and referral URL
- Cookies that may uniquely identify your browser or your eContour.org account.
- Cookies and anonymous identifiers – We use various technologies
to collect and store information when you visit eContour.org, and this
may include sending one or more cookies or anonymous to your device.
How we use information we collect:
We use the information we collect to provide, maintain, protect and
improve eContour.org, to develop new services, and to protect
eContour.org, LLC and our users. We will use this information to offer
you tailored content – like giving you more relevant search results.
When you contact eContour.org, LLC, we may keep a record of your
communication to help solve any issues you might be facing. We may use
your email address to inform you about our services, such as letting
you know about upcoming changes or improvements.
We use information collected from cookies, to improve your user experience and the overall quality of our services.
We will ask for your consent before using information for a purpose other than those that are set out in this Privacy Policy.
eContour.org is hosted on Google App Engine and stores data on Google’s
Datastore. This means that personal information is stored on Google’s
servers in many countries around the world and that your personal
information may be processed on a server located outside the country
where you live.
Transparency and choice:
People have different privacy concerns. Our goal is to be clear about
what information we collect, so that you can make meaningful choices
about how it is used. For example, you can:
- Review and control certain types of information tied to your eContour.org account by using Your Settings page.
- Delete your eContour.org account and all of its associated information.
You may also set your browser to block all cookies, including cookies
associated with our services, or to indicate when a cookie is being set
by us. However, it’s important to remember that some of our services
may not function properly if your cookies are disabled.
Information you share:
eContour.org lets you share information with others through comment and
question posts. Remember that when you share information publicly, it
may be indexable by search engines.
Accessing and updating your personal information:
Whenever you use eContour.org, we aim to provide you with access to
your personal information. If that information is wrong, we strive to
give you ways to update it quickly or to delete it – unless we have to
keep that information for legitimate business or legal purposes. When
updating your personal information, we may ask you to verify your
identity before we can act on your request.
We may reject requests that are unreasonably repetitive, require
disproportionate technical effort (for example, developing a new system
or fundamentally changing an existing practice), risk the privacy of
others, or would be extremely impractical (for instance, requests
concerning information residing on backup tapes).
Where we can provide information access and correction, we will do so
for free, except where it would require a disproportionate effort. We
aim to maintain our services in a manner that protects information from
accidental or malicious destruction. Because of this, after you delete
information from our services, we may not immediately delete residual
copies from active servers and may not remove information from our
backup systems.
Information we share:
We do not share personal information with companies, organizations and
individuals outside of eContour.org, LLC unless one of the following
circumstances apply:
- With your consent. We
will share personal information with companies, organizations or
individuals outside of eContour.org, LLC when we have your consent to
do so. We require opt-in consent for the sharing of any personal
information.
- For legal reasons. We
will share personal information with companies, organizations or
individuals outside of eContour.org, LLC if we have a good-faith belief
that access, use, preservation or disclosure of the information is
reasonably necessary to:
- meet any applicable law, regulation, legal process or enforceable governmental request.
- enforce applicable Terms of Service, including investigation of potential violations.
- detect, prevent, or otherwise address fraud, security or technical issues.
- protect against harm to the rights, property or safety of
eContour.org, LLC, our users or the public as required or permitted by
law.
- We may share aggregated, non-personally identifiable information
publicly and with our partners – like publishers, advertisers or
connected sites. For example, we may share information publicly to show
trends about the general use of our services.
- If eContour.org, LLC is involved in a merger, acquisition or
asset sale, we will continue to ensure the confidentiality of any
personal information and give affected users notice before personal
information is transferred or becomes subject to a different privacy
policy.
Information security:
We work hard to protect eContour.org, LLC and our users from
unauthorized access to or unauthorized alteration, disclosure or
destruction of information we hold. In particular:
- We encrypt our site using SSL.
- We review our information collection, storage and processing practices to guard against unauthorized access to systems.
- We restrict access to personal information to eContour.org, LLC
employees, contractors and agents who need to know that information in
order to process it for us, and who are subject to strict contractual
confidentiality obligations and may be disciplined or terminated if
they fail to meet these obligations.
Application:
Our Privacy Policy applies to all of the services offered by eContour.org, LLC.
Our Privacy Policy does not apply to services offered by other
companies or individuals, including products or sites that may be
displayed to you in search results or other sites linked from our
services. Our Privacy Policy does not cover the information practices
of other companies and organizations who advertise our services, and
who may use cookies and other technologies to serve and offer relevant
ads.
Enforcement:
We regularly review our compliance with our Privacy Policy. When we
receive formal written complaints, we will contact the person who made
the complaint to follow up. We work with the appropriate regulatory
authorities, including local data protection authorities, to resolve
any complaints regarding the transfer of personal data that we cannot
resolve with our users directly.
Changes:
Our Privacy Policy may change from time to time. We will not reduce
your rights under this Privacy Policy without your explicit consent. We
will post any privacy policy changes on this page and, if the changes
are significant, we will provide a more prominent notice (including,
for certain services, email notification of privacy policy changes). We
will also keep prior versions of this Privacy Policy in an archive for
your review.
LAST UPDATED: December, 2015