TARGIT Collaborative Group Websites Terms of Use

Terms of Use for this Website

Agreement.  Please read these Terms of Use before using this website. By accessing this website of TARGIT Collaborative Group (“TCG”), you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access or use this website. These Terms of Use, as well as any other information on this website, may be changed or updated without notice.

 

TCG and its Websites.  TCG is a cooperative effort among radiation oncologists, cancer surgeons, physicists and other experts in intraoperative radiotherapy that share a common commitment to improving cancer patient care through education, patient advocacy, mentorship, and collaborative research. TCG’s initial website is at targitcollaborative.org.  TCG’s other website is at targetbreastcancer.org.  It is a website dedicated to providing information on TARGIT IORT as a radiotherapy treatment within the TARGET-A protocol for specific breast cancer.  These Terms of Use apply to both websites.  Neither website is intended to diagnose, treat, cure, or prevent any disease, nor replace professional doctors care or advice.

 

User Standards. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the TCG websites and not interfere with the use and enjoyment of the TCG websites by other users or with TCG’s operation and management of the TCG websites. You will, at all times, provide true, accurate, current, authorized and complete information when submitting information or materials on the TCG websites, including, without limitation, information required to be provided through a TCG registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, TCG reserves the right to terminate your access and use of the TCG websites. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the TCG websites, or defame or otherwise harm any party, including TCG, through your use of the TCG websites.

 

User Conduct and Content.  You acknowledge that you alone are fully responsible for the content that you post on or through the TCG websites and that you own or have the rights to use such content. You agree that, by submitting such content, you grant to TCG a perpetual, non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use, download, duplicate, display, distribute, modify and create derivative works of such content, subject to TCG’s Privacy Policy.  By accessing and using this website, you agree that when you submit comments, posts or images on TCG’s websites/digital platforms, you will not violate the User Standards above and will not:

  • Spread false and/or defamatory information or advocate, promote or assist in any illegal activity or unlawful act.
  • Include or promote content or actions that are discriminatory, abusive, vulgar, hateful, harassing, inflammatory, obscene, indecent, profane, sexually explicit, pornographic, violent, threatening, invasive of a person’s privacy or right to publicity, or otherwise offensive or violative of any law.
  • Infringe on copyrights, trademarks, trade secrets or other proprietary rights.
  • Post content that includes private and/or personal information, such as home phone numbers and email addresses, or harvest, collect and/or store personal data about other users.
  • Seek medical advice (consult your personal physician) or disclose personal health information.
  • Post content that promotes or involves commercial services and products, or causes, or contains any information regarding candidates for public office, political parties or elections of office-holders.
  • Disrupt or negatively affect a user’s ability to engage in real time exchanges and interactions with this website, including, without limitation, discouraging or disrupting a user’s use through spamming and trolling.
  • Post content that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment.
  • Violate the legal rights of others; advocate, promote or assist in any illegal activity or unlawful acts; or post content that contains material that could give rise to civil or criminal liability under applicable laws and regulations or that otherwise conflicts with these Terms of Use or TCG’s Privacy Policy.

Monitoring; Enforcement; Endorsements.  TCG does not have the obligation to monitor user-generated content, but reserves the right to do so.  Content that is posted in violation of these Terms of Use may be blocked or removed in TCG’s sole discretion. Violations of these Terms of Use may cause your access to this site or ability to post content to be suspended or terminated.  TCG is not responsible for the opinions or claims of other users posted to TCG’s websites, and TCG does not typically confirm the accuracy of postings. User-generated content, such as comments or posts, represent the views of those providing the content, and do not necessarily represent the views or policy of TCG.  References or links (provided by TCG or by a user) to products or services do not constitute endorsements by TCG.

Privacy Policy.  For TCG’s disclosures of ways in which TCG gathers and distributes information, please read TCG’s Privacy Policy, which may change at any time and which is incorporated into and made a part of these Terms of Use.

 

Social Media Channels.  The TCG websites may provide links to officially monitored and curated social media channels, such as Facebook, that also display TCG website content. Your use of these linked TCG social media channels is also subject to these Terms of Use, as well as the Terms of Use of the social platform from which you access such content.  TCG reserves all rights relating to its social media channels, including, but not limited to, adding, removing, or modifying any content; blocking harassing and disruptive users; and discontinuing any of such social media channels at any time.

 

TCG does not warrant that the information on these social media channels is complete, reliable, useful or otherwise accurate. Do not rely on the information presented on these social media platforms for medical advice or for information with respect to TCG programs.  Further, TCG does not create nor control any opinions or statements expressed by others within its social media channels, including those that Follow, Like, re-Tweet, re-post, or otherwise share TCG content therein, nor does any similar action undertaken by TCG concerning another user’s content constitute an endorsement of that user.

 

TCG websites may also have links to social media accounts concerning local-area TCG events and programs.  These are not created or operated by TCG staff members, and any content on these social media accounts is not considered to be endorsed by TCG.

Amendments; Unavailability of this Website; Consent to Electronic Communications.  TCG reserves the right to improve, amend or change this website at our discretion and without notice. TCG will not be liable if, for any reason, all or any part of the website is unavailable at any time or for any period.  By using this website, you agree to receive electronic communications from us regarding your use of the website and that any notices, agreements or other communications that we send to you will satisfy any legal requirements, including that communications must be in writing.

Proprietary Rights.  This website and its entire contents, features and functionality (including, but not limited to, text, graphics, logos, button icons, images and video and audio clips, as well as the design, selection, and arrangement thereof) are owned by TCG and may not be copied, reproduced, transmitted, displayed, performed, distributed, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without TCG’s prior written consent, except that the user may make such temporary copies in a single computer’s RAM and hard drive cache as are necessary to browse the website. The contents of this website are further protected under United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Disclaimers.  THIS WEBSITE, AND ALL DATA, INFORMATION, MATERIALS, CONTENT, USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TCG NOR ANY PERSON ASSOCIATED WITH TCG WARRANTS ANY MATERIAL ON THIS WEBSITE WITH RESPECT TO COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY. NEITHER TCG NOR ANY PERSON ASSOCIATED WITH TCG REPRESENTS OR WARRANTS THAT THIS WEBSITE AND ITS CONTENT WILL BE AVAILABLE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS AND EXPECTATIONS.

  

TCG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTY THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.

Limitation of Liability.  IN NO EVENT SHALL TCG, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR VOLUNTEERS, BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,  PUNITIVE OR OTHER DAMAGES, ARISING OUT OF OR RELATED TO YOUR ACCESS OF, USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR OTHER WEBSITES TO WHICH IT LINKS (INCLUDING THIRD-PARTY MATERIALS), YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH ANY SUCH WEBSITES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE.

TCG SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THIS WEBSITE OR OF ANY SERVICES OR ITEMS OBTAINED OR DOWNLOADED BY USING THIS WEBSITE, OR ANY WEBSITE LINKED TO IT. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING SUFFICIENT SAFEGUARDS TO SATISFY YOUR OWN PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.

 

THERE ARE JURISDICTIONS WHICH MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ONLY THE ABOVE DISCLAIMERS AND LIMITATIONS OF LIABILITY WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND TCG’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnity.  You agree to indemnify, defend, and hold TCG and its officers, directors, employees, agents and affiliates harmless from and against any and all claims, judgments, damages, expenses, losses, liabilities, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or related to any violation by you of these Terms of Use or of any law or the rights of a third party or your misuse of any of the TCG websites, including, but not limited to, user submissions and any use of a TCG website’s material and services outside what has been expressly authorized in these Terms of Use.

Not Medical Advice.  You acknowledge that the information on this website is provided “as is” and for general information only. It is not intended as medical advice and should not be relied upon as a substitute for professional consultation with a qualified healthcare provider familiar with your individual medical needs.

Links.  Links to third party websites are provided solely as a convenience to you. TCG has no control over such sites, does not endorse them and is not responsible for their content. If you decide to access any of the sites linked to this website, you do so at your own risk.

Trademarks; Copyright.  The design logo TARGIT Collaborative Group® and the TARGIT Collaborative Group™ trademark are trademarks of TCG. Nothing contained on this website should be interpreted as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the written permission of TCG or a third party that may own other trademarks displayed on the website. Misuse of the trademarks or any other content displayed on this website is strictly prohibited. Except as otherwise attributed to specific authors, TCG is the copyright owner of the content of this website.

Claims of Copyright Infringement.  TCG does not permit the use of content on its websites that infringes on others’ copyrights if TCG is aware of such infringement.  TCG will remove any such content if properly notified of such violation in accordance with 17 U.S.C. §512 of the Digital Millennium Copyright Act.

 

To notify TCG of alleged copyright infringement on either of its websites, send a written communication to the designated agent for such claims at the following address:

 

Designated Copyright Agent

TARGIT Collaborative Group 1721 Eastern Avenue, Suite 19 Sacramento, CA  95864, USA 916-382-8543 Fax: 916-604-9224 [email protected]

In your notice, please provide ALL of the following information (as required by 17 U.S.C. §512):

 

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

  1. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

 

iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit TCG to locate the material.

 

iv. Information reasonably sufficient to permit TCG to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

  1. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

  1. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Once TCG receives the notice, it will investigate, take appropriate action and then notify you of the action at the contact address you have provided.

 

Use of TCG Websites and TCG Content Outside of the United States.  TCG makes no claims regarding access or use of the TCG websites or their content outside of the United States. If you use or access the TCG websites or their content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Governing Law; Venue; Jurisdiction.  The implementation and interpretation of this Agreement shall be governed by the laws of the State of California, U.S.A., and all parties hereby consent to exclusive venue and jurisdiction in any state or federal court located in Sacramento County, State of California, for purposes of enforcing any provision of this Agreement.

 

Captions; Waiver and Severability.  Any heading, caption, or paragraph title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision contained herein.  The failure of TCG to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then you and TCG agree that the court should attempt to follow the intention of the provision to the extent possible and that all other provisions of these Terms of Use shall remain in effect.

 

Effective Date.  The effective date of the current Terms of Use is January 20, 2020.

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