Acceptance of Terms
By accessing, using, or paying for the Services, you are agreeing to these Terms and the other policies referenced in these Terms. If you are using the Services on behalf of a business entity, then you represent that you are authorized to use the Services on behalf of that business and you are agreeing to these Terms and the other policies referenced in these Terms on behalf of both you and that business.
We reserve the right, in our sole discretion, to change these Terms at any time, for any reason, with or without notice to you. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes means that you accept and agree to the changes.
If you do not agree to these Terms, then you may not use the Services.
Personal and Non-Commercial Use of the Services
As long as you comply with these Terms, we grant you permission to use the Services. This permission is limited to your internal, non-commercial use and is personal, non-exclusive, non-transferable, non-sublicensable, and revocable.
You may not, directly or indirectly:
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Services;
use the Services for any purpose that is unlawful or prohibited by these Terms;
frame, mirror, or attempt a similar technique on the Services, or remove any identification, copyright, or other proprietary notices from the Services;
attempt to reverse engineer, disassemble, decompile, or otherwise attempt to discover the source code, object code, or underlying structure or algorithms, of the Services;
attempt to gain unauthorized access to the Services, such as by circumventing or disabling any content protection system or digital rights management technology;
damage, disable, overburden, or impair the Services or interfere with another party’s use of the Services;
use the Services to develop a competing product or service;
use the Services if you are under 13 years old, as the Services are not designed for children;
attempt to use the Services without our express permission after we have terminated your right to use the Services;
use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
use the Services to publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information, or to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software, or programs that may damage the operation of another’s computer or property of another;
download any file that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
harvest or otherwise collect information about others, including e-mail addresses; or
create a false identity for the purpose of misleading us or others.
We may allow you to create an account (or we may create one for you) to use the Services. If you create (or accept) an account, then we may request information about you as described in the account setup process and in these Terms and the other policies referenced in these Terms. You are solely responsible for maintaining the confidentiality of your account information and credentials, including your password. You are also solely responsible for everything that happens through your account. You may not use anyone else’s account or share accounts. You agree to notify us of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Services due to someone else using your account as a result of your failing to keep your account information and credentials secure and confidential. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may terminate your account or your use of the Services at any time. If you owe us any payments at the time you terminate your account or use of the Services, then you must promptly pay us all such payments after the termination. In all cases, you will remain liable for any damage you caused or may later cause to us or any part of the Services.
We may temporarily or permanently terminate one or both of (a) your account and delete all content (including Your Content) associated with your account, and (b) your permission to use the Services. We may exercise those rights at any time, for any reason, in our sole discretion, with or without notice to you.
Purchases; Other Terms and Conditions; Codes
We may allow you to make purchases via the Services. By making a purchase, you are authorizing us to charge your supplied payment method for the amounts described in your checkout process. If you make a purchase with an installment or subscription option that we offer and fail to pay any installment or subscription payment, then we may terminate your right to use the Services. If you terminate an installment or subscription purchase early, then termination will be effective at the end of the then-current subscription term (even if you stop using the subscription early) and you will be responsible for all payments remaining for the then-current subscription term. Except as provided in these Terms, all payments for products must be paid in advance, are non-cancelable, and non-refundable.
You are responsible for any sales, use, GST, value-added, withholding or similar taxes or levies as applicable, whether domestic or foreign, other than our income tax. Fees and expenses are exclusive of taxes, which will appear on the applicable invoice. If you rely on any exemption from the payment of taxes, you are solely responsible for establishing the tax exemption.
Other terms and conditions may apply to certain of our products or services. If there is a conflict between these Terms and those other terms, the other terms will control with respect to your use of the specific product or service, and our obligations, if any, with respect to the certain product or service are governed solely by those other terms and conditions, and nothing in these Terms should be construed to alter those other terms and conditions.
Services may include or be accessible via codes (e.g., ONS All-Access, vouchers, campaigns, discounts, etc.). If the applicable code’s value is insufficient for a purchase, we may require that the remaining balance be paid by credit card or other acceptable means of payment. As applicable, a code cannot be reloaded, resold, redeemed for more than its value, transferred for value, redeemed or exchanged for cash, returned, or refunded (except to the extent required by law or as otherwise authorized by us), or used in a manner otherwise prohibited by these Terms. We reserve the right to decline to honor a code in the event of a disputed charge, bounced check, other failure of consideration, or if we suspect it was obtained fraudulently.
We will not be responsible for codes that have been lost, stolen, destroyed, expired, misplaced, improperly redeemed, or used without your permission or authorization. You are solely responsible for everything that happens through your codes. As applicable, you may not use anyone else’s codes or share codes. You agree to notify us of any unauthorized use of your codes, or any other breach of security. You may be held liable for losses incurred by us or any other user of or visitor to the Services due to someone else using your code as a result of your failing to keep your codes secure and confidential. We will not be liable for any loss or damage arising from your failure to comply with these obligations.
Do not send your unsolicited ideas to us. If despite our request you still send unsolicited ideas to us, you acknowledge that we make no assurances that your ideas and materials will be treated as confidential or proprietary.
The Services (including all design, software, code, and other content on the Services are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. As between you and us, we own all the foregoing. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms. We reserve all rights not expressly granted to you in these Terms.
Links to Other Sites
WE DO NOT PROMISE THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS, OR THAT THE SERVICES WILL BE FREE OF VIRUSES OR HARMFUL COMPONENTS. THE SERVICES DO NOT PROVIDE MEDICAL ADVICE AND DO NOT SERVE AS SUBSTITUTES FOR INDEPENDENT CLINICAL JUDGMENT. THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ALL INFORMATION CONTAINED IN THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE DISCLAIM ALL WARRANTIES (EXPRESS, IMPLIED, AND STATUTORY), INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT, AND ALL LIABILITY FOR IDENTITY THEFT AND OTHER MISUSE OF YOUR IDENTITY OR CONTENT. WE DISCLAIM ANY LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES AND ANY LINKED SITES. WE DO NOT VET CONTENT SUBMITTED BY USERS OF THE SERVICES AND WE DO NOT REPRESENT OR GUARANTEE THAT ANY SUCH CONTENT IS TRUTHFUL OR ACCURATE OR THAT YOU WILL HAVE ANY RIGHT TO USE THAT CONTENT. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES), ARISING OUT OF OR IN CONNECTION TO THE SERVICES OR YOUR USE OF THE SERVICES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
This disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend, or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms, including pricing; and (3) to interrupt the operation of the Services, or any portion of the Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitations of Liability
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, incidental, or punitive damages, including lost profits, even if we have been advised of the possibility of such damages. If, notwithstanding these Terms, we are found liable to you for any damage or loss arising out of or relating to these Terms or your use of the Services, our liability will not exceed $100.
These limitations apply to the fullest extent permitted by applicable law and regardless of legal theory, whether in contract, tort, strict liability, or any other legal theory, whether we knew or should have known about the possibility of such damages, and even if a remedy fails of its essential purpose. Any cause of action or claim which you may have arising out of or relating to the Services or your use of the Services must be brought (if at all) within one year after the cause of action or claim arose. Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of the Services, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
You shall defend, indemnify, and hold us (including our officers, directors, employees, agents, subsidiaries and affiliates, and predecessors and successors) harmless from any demands, loss, liability, and claims and expenses (including legal fees) made against us by any third party arising out of or relating to your use of the Services. We may, at your expense, assume the exclusive control and defense of any such matter. You shall cooperate, at your expense, with our control and defense of any such matter. You shall not settle any such matter without our prior written consent.
a. Governing Law; Jurisdiction. These Terms and your use of the Services, as well as any disputes arising out of or relating thereto, are governed by Pennsylvania law, excluding its conflicts of law principles. For any dispute arising out of or relating to any of the foregoing, you consent to the exclusive jurisdiction and venue in the state or federal courts in Allegheny County, Pennsylvania.
b. Waiver of Jury Trial. You waive trial by jury in all actions, proceedings, or counterclaims brought by us against you on any matter arising or relating to these Terms or your use of the Services.
c. Waiver. Our failure to insist on or enforce strict performance of these Terms will not operate as a waiver by us of any provision or any right we have to enforce these Terms, nor shall any course of conduct between us and you or any other party be deemed to modify these Terms.
d. Severability. If a court of competent jurisdiction determines any provision of these Terms to be invalid or unenforceable, that provision will be severable and will not affect the validity or enforceability of any other provision of these Terms.
e. Survival. Provisions of these Terms that by their nature survive termination will so survive, including but not limited to the restrictions, disclaimers, limitations, indemnities, our rights to use Your Content, and provisions regarding dispute resolution.
f. Entire Agreement. These Terms, and all policies referenced in these Terms, contain the entire agreement between you and us related to the Services and your use of the Services, superseding all prior discussions and agreements (whether oral or written) by you and us related to the same. These Terms will prevail over any other terms and conditions of any document you issue to us for the Services (such as a purchase order), which will be of no force and effect, even if we accept or do not otherwise reject the document. These Terms cannot be modified by printed or handwritten additions, changes, redlines or blacklines, or strikethroughs. These Terms are to be interpreted without any inference or rule of construction against the party that drafted them.
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Last Updated: August 10, 2023
The Oncology Nursing Society ("ONS") along with the Oncology Nursing Foundation, and Oncology Nursing Certification Corporation (ONCC) (together, "Affiliated Organizations") through ONS and Affiliated Organizations websites (together "Sites") provide information about ONS and Affiliated Organizations services and products. The Sites are sponsored by ONS and Affiliated Organizations and may be funded, in part, by unrestricted educational grants from corporate sponsors.
THE INFORMATION AND OPINIONS ACCESSED THROUGH THE SITES ARE NOT MEDICAL ADVICE.
The Sites have been developed as a service of ONS and its Affiliated Organizations. Like any other service, in spite of our best efforts the information in these Sites may become out of date over time. Nothing on the Sites should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action, health related or otherwise. Healthcare providers should exercise their own independent clinical judgment. Some of the information in the Sites may cite the use of a product in a dosage, for an indication, or in a manner other than that recommended in the product labeling. Accordingly, the official prescribing information should be consulted before any such product is used.
ONS, its Affiliated Organizations, and ONS' contractors and service providers do not assume responsibility for the content presented within the Sites nor do the parties assume responsibility for or endorse the content presented within any Web site associated with or linked to the Site. In addition, ONS and its Affiliated Organizations assumes no responsibility for the content presented in the event recordings, or transcripts of such recordings, available for download in any media format on the Sites nor does ONS or its Affiliated Organizations endorse or assume liability for any of the speakers' content of such event recordings. WE DO NOT, AND CANNOT, WARRANT OR REPRESENT THAT THE INFORMATION ON THE SITES IS THE MOST CURRENT INFORMATION ON THE SUBJECT OR TOPIC. ONS and its Affiliated Organizations accepts no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on the Sites.
ONS and its Affiliated Organizations do not guarantee that the electronic publications or transcripts of live presentations, available on the Sites are free of errors or omissions. Readers are advised to consult the print edition of each publication for the authoritative text.
Some features and functionality discussed in these Terms may not be available on the Sites.
The information on the Sites is originally published in English. Sections of the Sites may offer machine translation software that allows for real-time translation of information into Spanish, Italian, Portuguese, German, French, Chinese, Japanese, Korean, Swedish, Turkish, and other languages. Translations from English may not always be accurate or precise. ONS and its Affiliated Organizations do not warrant such translations and disclaims any responsibility, including all alleged direct and consequential damages, for inaccurate translations. Readers relying on precise information should check the original English versions.
All advertising is subject to the approval of ONS and/or its Affiliated Organizations.
The Sites are intended to provide a forum for a robust and free-flowing exchange of oncology nursing information, opinions, and comments. Since the Sites are designed to provide an enjoyable and informative experience for all users of the Sites, you agree to abide by certain rules regarding your participation and your comments.
All users who register for members-only areas of the Sites are required to provide accurate name and electronic mail address information for the purpose of ONS and its Affiliated Organizations providing services. As a Site user, your right to use the service is personal to you—you may not authorize others to use the Sites with your account, further you are responsible for all use of the Sites through your account, whether or not you actually authorized such use. Accordingly, you should not supply or allow access to your password to anyone. If you want to change your password, you may do so at any time by accessing your account and selecting a new password. It is recommended to change your password on a regular basis. NOTE: You can increase the protection provided by a password system by choosing different passwords for use at other Web sites.
This U.S.-based Site may link you to other Web sites on the Internet, including the Web sites for ONS and its Affiliated Organizations affiliates in other countries. ONS and its Affiliated Organizations cannot take responsibility for information found on third party Web sites outside its control. While ONS and its Affiliated Organizations attempts to provide links only to third-party Web sites that comply with all applicable laws and regulations and ONS and its Affiliated Organizations' standards, please understand that the content on these third-party Web sites is subject to change without notice to ONS or its Affiliated Organizations. We therefore cannot be responsible for, and accept no liability for, any information or opinion contained in any third-party Web site.
ONS and its Affiliated Organizations hereby authorizes you to use materials published by it on the Sites for non-commercial use only, provided you retain all copyright and other proprietary notices and any disclaimer contained thereon and on the Sites. You may not in any way make commercial or other unauthorized use by publication, retransmission, distribution, or otherwise, of material obtained through the Sites, except as permitted by the Copyright Act or other law. By accessing or using ONS Guidelines, you agree to the Terms and Conditions for ONS Guidelines™.
All rights reserved. Content on this site is protected by U.S. and international copyright laws. Except as expressly stated on this site or as otherwise permitted by applicable law, no content on this site may be used or reproduced without the permission of the copyright holder. For permissions, please email email@example.com.
ONS and its Affiliated Organizations claim no ownership in, nor any affiliation with, any third-party trademarks appearing in the Sites. Such third-party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of ONS or its Affiliated Organizations should be inferred from the use of these marks.
Should any viewer of an ONS or its Affiliated Organizations published documents respond with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any such ONS or its Affiliated Organizations material, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
ONS and its Affiliated Organizations do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted in blogs and other social media and social networking offerings or otherwise contained within the Sites. Any information or material placed online, including advice and opinions, are the views of those who post the statements and do not necessarily represent the views of ONS or its Affiliated Organizations.
You agree to indemnify ONS and its Affiliated Organizations, subsidiaries, shareholders, directors, employees, agents, and representatives and to hold them harmless from any and all any action, cause, claim, damage, debt, demand or liability (including attorney fees and costs) that may arise from your submissions, from your unauthorized use of material obtained through the Sites, from your breach of these rules, or from any such acts conducted through your account. You further agree that ONS and its Affiliated Organizations are not responsible and shall have no liability to you with respect to any posting on the Site, including postings made by ONS or its Affiliated Organizations themselves.
THE SITES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND SERVICES PROVIDED IN THE SITES, ARE PROVIDED TO YOU "AS IS" AND "WITH ALL FAULTS", AND YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND THE PERFORMANCE OF THE SITES. WE HEREBY DISCLAIM AND YOU AGREE TO WAIVE ALL WARRANTIES OF ANY KIND WITH REGARD TO THE SITES OR ANY CONTENT OR SERVICES PROVIDED ON THE SITES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NEGLIGENCE, INTERFERENCE WITH YOUR ENJOYMENT OF THE SITES OR AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. WE DO NOT GIVE ANY WARRANTIES OR UNDERTAKE ANY DUTIES WITH REGARD TO: THE AVAILABILITY OF THE SITES AT ANY PARTICULAR TIME, FUNCTIONALITY, TIMELINESS OF SERVICES, ACCURACY OR CURRENCY OF CONTENT, LACK OF VIRUSES OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW AND REGARDLESS OF THE FORM OR CAUSE OF ACTION OR THE ALLEGED BASIS OF THE CLAIM, YOU AGREE THAT ONS WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR OTHER DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF INFORMATION, AND THE LIKE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. Pennsylvania Law Governs; Exclusive
ONS Board of Directors Approved 7/06; 3/07; 10/09; 12/11
Revised October 2018