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TERMS OF USE / COPYRIGHT INFORMATION

Note: Copyright Information for the Consensus Guidelines Algorithms is found under the Rights & Permissions link under the Website’s Consensus Guidelines’ web page.


Welcome to the www.asccp.org (the “Website”), owned and operated by the American Society for Colposcopy and Cervical Pathology (“ASCCP”, “We” or “Us”).  This Internet Website Agreement (the "Agreement") is between you (“You”) and ASCCP, “We”, “Us”. This site contains content provided by our members and by Us.  Our Website is provided subject to the following Terms of Use.  Your continued use of the ASCCP Internet Website (the "ASCCP Website") signifies your agreement to the terms and conditions of use set forth below in the Agreement:

(1) Notice. You acknowledge that You have read the terms and conditions of use and that You accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS ASCCP WEBSITE. If You do not agree to these terms and conditions of use, You may not access or otherwise use this ASCCP Website and You should exit the Website immediately.


ASCCP reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement and/or Our Privacy Policy, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the ASCCP Website.   Your continued usage after such changes are posted constitutes acceptance of each revised Terms of Use and/or Privacy Policy.  We encourage You to familiarize Yourself with both policies.


(2) Introduction.  Please read the following information carefully before using this Website. By accessing this Website, You acknowledge, represent and warrant that: (i) You are at least eighteen (18) years of age, (ii) You have read and understand these Terms of Use; (iii) You have and will access the Website and provide information to Us with the bona fide intent to use or to evaluate the Website, and not with an ulterior motive, such as to download portions of the Website to compete with Us or provide information to one of Our competitors; and (iv) in using the Website, You will comply with all applicable international, country, federal and state laws, rules and regulations.


(3) ASCCP Monitor.  ASCCP may monitor Your use of this ASCCP Website, and may freely use any information and materials collected through Your use of the ASCCP Website subject to its Privacy Policy for any lawful reason or purpose.


(4) Copyright and Limited License. The ASCCP Website, and all words, pictures, content graphs, charts and other matters presented or made available on the Website (the “Information”), is protected by copyright pursuant to U.S. copyright laws, international conventions, and other copyright laws.  The contents of the ASCCP Website are only for Your personal, non-commercial use. All materials contained on the ASCCP Website are protected by copyright, and are owned or controlled by ASCCP or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the ASCCP Website. We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal, non-commercial use only; You may copy and/or download items displayed on this ASCCP Website for personal, noncommercial use only which are subject to restrictions below, and provided that You maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from ASCCP or the copyright holder identified in the individual Contents copyright notice.


NO COMMERCIAL EXPLOITATION OF THE CONTENT OF THE WEBSITE IS PERMITTED. THIS PROHIBITION INCLUDES BUT IS NOT LIMITED TO PRINT, ELECTRONIC OR BROADCAST MEDIA. YOU MAY NOT REPRODUCE OR REPRINT (ELECTRONICALLY OR HARD COPY) ANY MATERIALS FOUND ON THE ASCCP WEBSITE FOR PUBLICATION IN ANY PUBLICATION OR MANNER (MEDIA, ELECTRONICALLY OR HARD COPY), AND YOU MAY NOT REPRODUCE ANY OF THE CONTENT OF THE WEBSITE FOR USE IN PRESENTATIONS OR LECTURES WITHOUT PRIOR WRITTEN PERMISSION FROM US. YOU MAY NOT POST IT ON ELECTRONIC BULLETIN BOARDS. YOU MAY NOT MAKE REPRINTS. YOU MAY NOT FORWARD THE ITEMS TO THIRD PARTIES. YOUR LICENSE TO USE THE CONTENTS OF THE WEBSITE SHALL BE NARROWLY CONSTRUED. IF A RIGHT IS NOT SPECIFICALLY GRANTED IT IS RESERVED TO ASCCP.


ANY REQUESTS FOR PUBLICATION OR REPRINTS SHOULD BE DIRECTED TO ASCCP CARE OF: apowell@asccp.org.


(5) No License to Trademarks.  All trademarks, service marks, trade names or other identifying marks displayed on the Website (the "Marks") are owned by Us and/or Our licensors, or by our members. Except as applicable law may otherwise provide, or except as provided in writing by our members (with respect to their Marks) or agreed to in writing by Us, neither We nor our members consent to any use of the Marks by any person and do not grant You any right to use the Marks displayed on this Website.


(6) ASCCP Right to Change Website.  ASCCP may change, suspend or discontinue any aspect of the ASCCP Website at any time, including the availability of any ASCCP Website feature, database, or Content. ASCCP may also impose limits on certain features and services or restrict your access to parts or all of the ASCCP Website without notice or liability.


(7) Misuse of Website.  You violate these Terms when You make any use of the Website that is not in conformity to the Acceptable Use Policy set out below, which is incorporated by reference.


(8) Patient Information.  IN REGARD TO POSTING ANY PATIENT INFORMATION PLEASE SEE THE ASCCP PRIVACY POLICY.


(9) Indemnity. You hereby agree to indemnify, defend and hold ASCCP, and all its officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of Your use of the Website, Your postings on the Website, forums or discussions, any breach by You of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. ASCCP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without the written consent of ASCCP.


(10) Third Party Sites. The ASCCP Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the ASCCP Website. Links to and from ASCCP Website to other third party sites, maintained by third parties, do not constitute an endorsement by ASCCP of any third party resources, or their contents.  Your visit to any third party website if governed by the terms of use and privacy applicable to that website.  It is always a good idea to read the terms of use and privacy policy on any third party website that You visit.


(11) Available Remedies.
ASCCP does not and cannot review all materials posted to the ASCCP Website by users, and ASCCP is not responsible for any such materials posted by users. However, ASCCP reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ASCCP's sole discretion are objectionable or in violation of this Agreement.  You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at Your sole risk.  When We become aware of harmful activities or if we receive any claim from a third party, in our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Website or any other action We deem appropriate. We are required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement. All remedies are non-exclusive.  We are not responsible for (and You agree not to sue us in respect of) Information posted by our Members.)

To the extent Information on the Website includes advertising, promotions or other sales related data, We are not responsible for errors in such Information, and such Information does not and is not an offer to enter into a contract, but rather, is merely a solicitation to receive offers from You.


(12) DISCLAIMERS AS TO WEBSITE AND INFORMATION. THE ASCCP WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE ASCCP WEBSITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ASCCP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE ASCCP WEBSITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE ASCCP WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE ASCCP WEBSITE OR ANY LINKED SITE. FURTHER, ASCCP DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASCCP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ASCCP WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE ASCCP WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  IN NO EVENT SHALL ASCCP OR OUR CONTRIBUTORS BE LIABLE FOR THE USE OF THE ASCCP WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.  FUTHER, IN NO EVENT SHALL WE OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE WEBSITE. THERE IS NO WARRANTY THAT ANY INFORMATION, WEBSITE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE WEBSITE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT THE INFORMATION.


(13) Your License to ASCCP. By posting questions, messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to the ASCCP Website, You hereby grant to ASCCP a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against ASCCP for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.


(14) Linking; No Framing.  We permit reasonable, good faith and non-defamatory links to the Website so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; (ii) no use is made of Our  Marks (though the word marks may be used if proper credit is provided on the page); and (iii) the link is related to the website development and hosting service industry  or our customers’ industry. We do not consent to "framing" our content or Information inside of any other page.  We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated.  We do not allow linking from any sites that are of a mature or political nature.


(15)  Electronic Communications.  You agree to transact business with Us using electronic communications, either via web forms on the Website, or via email.  Electronic communications will be deemed received by You when Your email system reports that any email we send You has been received by Your system, regardless of whether You ever actually open or read such email.  We may, but are not required, to use return receipt requests.  Unless specifically required by applicable law, You consent to receive all notices, information, and other communications from Us concerning any subject matter, via electronic email.  It is Your responsibility to maintain a valid email address, and we may terminate Your access to the Website at any time that we determine You are in violation of these terms of use, or fail to maintain a valid email address.


(16) Notice on Confidentiality. You acknowledge that transmissions to and from this ASCCP Website are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to ASCCP, no confidential, fiduciary, contractually implied or other relationship is created between You and ASCCP other than pursuant to this Agreement.


(17) Governing Law/Choice of Forum.  THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MARYLAND, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS.  YOU CONSENT AND SUBMIT TO THE JURISDICTION AND VENUE FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF MARYLAND.


(18) Miscellaneous.  This Agreement constitutes the entire agreement between ASCCP and You with respect to Your use of the ASCCP Website. Any cause of action You may have with respect to Your use of the ASCCP Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. ASCCP disclaims any and all responsibility for content contained in any third party materials provided through links from the ASCCP Interact site.


Questions or comments regarding these Terms of Use should be directed to us care of apowell@asccp.org.



ACCEPTABLE USE POLICY

ACCEPTABLE USE OF WEBSITE.  You agree as follows in respect of the acceptable and unacceptable uses of the Website (as defined in the Terms of Use).  You will not and agree not to:

    1. use or attempt to use the Website for any illegal, abusive or unethical activities as determined by us in our sole discretion, which include by example and not limitation, transmission of illegal pornographic material, invasion of privacy, defamation, infringement of another person's copyright, trade secret, patent, trademark or other intellectual property rights, hacking or cracking (gaining unauthorized use of a computer), distributing computer viruses or other malware, gambling, harassment of another or distribution of other harmful materials, code, programs or scripts.
    2. send unsolicited bulk mail messages (“junk mail” or “spam”). This includes bulk-mailing of commercial advertising, information announcements, charitable solicitations and political solicitations. Such material may only be sent to those who have specifically requested it or as authorized by applicable law, provided that if you assert that your activities are authorized by applicable law, you shall provide an opinion of reputable counsel establishing a basis upon which your actions are taken.  Malicious or threatening e-mail is also prohibited.  Normally we will assume that you are in compliance with this provision, however, if an upstream provider blacklists our IP range or mail server as a result of activities we trace to you, we will presume that you are in violation of this provision.
    3. breach any applicable data protection statute by, for example, sending or storing personal information (as defined in applicable data protection statutes) in an unencrypted form.
    4. impersonate another person, falsify the source of TCP/IP packets, spoof any portion of an email or TCP/IP header, or misrepresent authorization to act on behalf of others or us.  All messages and packets transmitted via the Internet Service should correctly identify the sender and source; you may not alter the attribution of origin in electronic mail messages or posting.  
    5. undermine the security or integrity of computing systems or networks or gain unauthorized access or control over our computers or any other person's computers.  
    6. permit another person to use your resources or the Website to conduct any of the matters you are prohibited from doing.  
    7. distribute any files in any peer-to-peer or file sharing arrangement, where it is possible that in such file sharing process any of the Website may be used to distribute copyrighted materials to or from persons who are not authorized to receive, copy, distribute or use them.
    8. upload, post or transmit to or distribute or otherwise publish through Website any materials which (i) restrict or inhibit any other user from using and enjoying the ASCCP Website, (ii) contain any information, software or other material of a commercial nature, (iii) contain advertising of any kind, or (iv) constitute or contain false or misleading indications of origin or statements of fact;
    9. take any action that would cause us to violate any terms of an upstream service provider's acceptable use policy.
                      The above list of acceptable and unacceptable uses of the Website is not intended to be exhaustive, but rather illustrative of the range of unacceptable uses. We have the right in our sole discretion to determine whether any particular conduct is an acceptable use of the Website. In cases where we determine you engaged in conduct that you reasonably believed did not violate this policy in good faith, we will provide you electronic notice of our determination that such conduct is not an acceptable use, and provided you cease such conduct not later than 24 hours after such notice, you will not be considered to be in breach of this Agreement.
   
 
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