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.


LAST UPDATED: December, 2015