Terms of Use
PLEASE READ THIS ENTIRE WEB SITE USE AGREEMENT ("AGREEMENT")
CAREFULLY BEFORE USING THIS SITE.
This agreement, together with any such additional term and
conditions, are referred to as this "Agreement." This
Agreement is a binding legal contract between Aspect Medical
Systems, Inc., operators of the AspectMedical.com Internet sites
and professional portals, ("Aspect") and you ("user")
that governs your use of the AspectMedical.com professional portals,
including, without limitation, all content such as text, information,
images, applications and audio (collectively, "Content")
and all services ("Services") made available to you
through the AspectMedical.com professional portals by Aspect
and/or third parties. This Site and the Content and Services
are collectively referred to herein as the "Site".
This agreement governs your use of the Site, including interactive
chat rooms and discussion areas ("Interactive Areas"),
which are operated by Aspect. Additional terms and conditions
of use applicable to specific areas of the Site may also be posted
in such areas and, together with this agreement, govern your
use of those areas.
By clicking on the "Accept" button below or using
this Site in any manner whatsoever, you indicate your conclusive
acceptance of this Agreement. If you do not agree to this Agreement,
do not click on "Accept" or access or use this Site
in any manner whatsoever.
Use of Content
The Content includes copyrighted works proprietary to Aspect
or to third parties who have provided Aspect with Content ("Content
Providers"). All Content on the Site is copyrighted as a
collective work of Aspect pursuant to applicable copyright law.
User agrees to comply with any additional copyright notices,
information, or restrictions contained in any Content available
on or accessed through the Site. Users of the Site may use the
Content only for their personal, noncommercial use.
User may not modify, publish, transmit, transfer or sell, reproduce,
create derivative works from, distribute, perform, display, or
in any way exploit any of the Content, in whole or in part, except
as expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered unless
specifically authorized by the owner of the software's patent
and/or copyright.
ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUBJECTS USER TO ALL CIVIL AND CRIMINAL
PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT,
TRADEMARK, AND OTHER LAWS AND TREATIES.
Interactive Areas
User may be permitted to access and use discussion groups,
bulletin boards, mail lists, and other forms of group electronic
communications through the Site ("Interactive Areas").
Users are responsible for their own communications and the consequences
of posting their communications. Users agree to use Interactive
Areas solely for lawful purposes and in compliance with all applicable
laws. User expressly agrees that Aspect has no responsibility
for or control over the content user may post on or using these
Interactive Areas. Aspect makes no representation that your use
of the Interactive Areas will comply with applicable laws or
that they were designed to comply with the applicable laws.
Users who post materials to this Site (e.g., Interactive Areas)
agree to abide by the following rules: (1) users may not post
or transmit material that is libelous, defamatory, obscene, fraudulent,
harmful, threatening, abusive or hateful, that violates the property
rights of others (including without limitation infringing use
of a copyright or trademark), that violates the privacy or publicity
right of others, or that is in violation of applicable laws;
(2) users may not interfere with other user's use and enjoyment
of this site; (3) users may not use this site to conduct any
activity that is illegal or that violates the rights of others;
(4) users may not use this site to advertise or sell products
or services to others; and (5) users shall not post materials
that contains a virus, worm, trojan horse, time bomb, or any
other harmful program or component.
A user posting material represents that such material is unique
to the user or used with permission of the copyright holder,
and assigns to Aspect an unrestricted license to such material
as described below.
Aspect has no responsibility for the content of any material
posted by users, but Aspect reserves the right in its sole discretion
to (i) edit or delete any documents, information or other material
submitted to or appearing on this site, and (ii) refuse access
to the site to any user that violates this agreement.
By submitting any materials to Aspect, you automatically grant,
or warrant that the owner of such any materials has expressly
granted, Aspect the royalty-free, perpetual, irrevocable, non-exclusive
and fully sub-licensable right and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such any materials (in whole
or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed.
Aspect does not and is not responsible for screening or monitoring
material posted by Users or any other person or entity in Interactive
Areas. Aspect further does not represent, warrant or guarantee
the truthfulness, accuracy, or reliability of any of the material
posted in Interactive Areas. Aspect also do not endorse any opinions
expressed in Interactive Areas. USER ACKNOWLEDGES THAT ANY RELIANCE
ON CONTENT POSTED IN INTERACTIVE AREAS AND YOUR USE OF THOSE
AREAS IS AT YOUR OWN RISK.
External Sites
The Site may include links to other Internet sites which are
owned and operated by third parties ("External Sites").
These links are provided solely as a convenience to users. Aspect
does not endorse any such sites or the information, material,
products or services contained on or accessible through the sites.
Users acknowledge that access and use of such sites, including
information, material, products and services therein, is solely
at their own risk.
Medical Disclaimer
This site is intended for educational purposes only,
and is intended to be as inclusive as possible in providing information
pertaining to the subject. It is not intended to provide any
specific endorsement or clinical practice recommendations for
BIS monitoring technology. The clinical choices discussed may
or may not be consistent with your own patient requirements,
your clinical practice approaches, or guidelines for practice
that are endorsed by your institution or practice group. It
is the responsibility of each clinician to make his/her own determination
regarding clinical practice decisions that are in the best interest
of patients. Clinicians should stay abreast of current literature
regarding brain function monitoring. Readers are advised
to review current product information including the Indications
for Use and other training materials for current recommendations
on use.
Limits on Accuracy
The web site was developed as a service by Aspect Medical Systems
to provide information about its products and services. Information
is believed to be accurate at the time it is created. However,
like any printed material, information may become outdated over
time. Information on the Web site may contain technical inaccuracies
or typographical errors. Information may be changed or updated
without notice. There may also be improvements or changes in
the products and services described in the Web site at any time
without notice. There may also be improvements or changes in
the products and services described in the Web site at any time
without notice. It is important that you rely on the advice of
an appropriate professional. Nothing contained in any presentation
is to be construed as medical, legal, investment, financial,
or other advice. This information is not intended to be a substitute
for such advice. Aspect Medical Systems does not endorse any
specific surgical techniques or methods of treatment. It is up
to the individual health care professional to use their best
medical judgment when determining appropriate patient care or
surgical techniques. Individuals are advices to consult their
health care professionals for full information about the potential
adverse reactions from use of the medical technologies discussed
in this site. Aspect Medical Systems will use reasonable efforts
to include accurate and up-to-date information on the website,
but Aspect Medical Systems makes no warranties or representations
as to its accuracy. All users agree that all access to and use
of the Web site is at their own risk.
General Disclaimers
ASPECT (INCLUDING ITS AFFILIATES AND SUPPLIERS) DISCLAIM ALL
EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE CONTENT, SERVICES,
AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES,
AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND.
ASPECT ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT USER
ACCESS TO AND USE OF THE SITE (1) WILL BE UNINTERRUPTED OR ERROR-FREE,
(2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS,
OR (3) IS COMPLETELY SECURE. USER IS RESPONSIBLE FOR TAKING ALL
PRECAUTIONS BELIEVED NECESSARY OR ADVISABLE TO PROTECT AGAINST
ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF
YOUR USE OF THE SITE. WHEN USING THE SITE, INFORMATION WILL BE
TRANSMITTED OVER A MEDIUM THAT IS BEYOND THE CONTROL AND JURISDICTION
OF ASPECT AND ITS SUPPLIERS. ACCORDINGLY, ASPECT ASSUMES NO LIABILITY
FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION
OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH
USE OF THE SITE.
Limitation of Liability
NEITHER ASPECT, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless Aspect (including
its affiliates and suppliers) from any liability, loss, claim
and expense (including attorneys' reasonable fees) related to
(i) your violation of this agreement, and (ii) your posting of
material to this site.
Termination
Aspect reserves the right, in its sole discretion, to restrict,
suspend or terminate your access to all or any part of the Site,
including the Interactive Areas, at any time for any reason without
prior notice or liability. Aspect may change, suspend or discontinue
all or any aspect of the Site at any time, including the availability
of any feature, database, or Content (including the Interactive
Areas), without prior notice or liability.
Assignment
Aspect may assign this Agreement, in whole or in part, at its
sole discretion. Users may not assign their rights under this
Agreement without our prior written permission. Any attempt by
users to assign their rights under this Agreement without our
permission shall be void. The waiver by Aspect of a breach of
any provision of this Agreement shall not operate or be construed
as a waiver of any other or a subsequent breach of the same or
a different kind.
Entire Agreement
This Agreement, including the Site's Privacy Policy, which
is incorporated herein by reference as though fully set out,
contains the entire understanding and agreement of the parties
with respect to the subject matter contained herein, supersedes
all prior oral or written understandings and agreements relating
thereto except as expressly otherwise provided, and may not be
altered, modified or waived in whole or in part, except in writing,
signed by a duly authorized representative of Aspect.
Governing Law; Venue
The validity, construction, and performance of this Agreement
shall be governed by the laws in the state of Massachusetts and
all claims and/or lawsuits in connection with the Agreement must
be brought in the state of Massachusetts.
Severability
If any provision of this Agreement shall be held by a court
of competent jurisdiction to be contrary to any law, the remaining
provisions shall remain in full force and effect as if said provision
never existed.