ONS Terms of Use

Please read these Terms of Use carefully. They contain exclusions, disclaimers, and limitations of liability.  

These Terms of Use (these “Terms”) apply to your use of each website that links to these Terms and all related products and services available via such websites (the “Services”). The Services are operated by Oncology Nursing Society, Oncology Nursing Certification Corporation, or Oncology Nursing Foundation, as applicable (“we”, “us”, “our”, and similar words, even if not capitalized). All references to “you” and similar words such as “your” (even if not capitalized) mean the individual using the Services, and if you are using the Services on behalf of a business entity, it means both you and that business. 

1. 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. 

2. 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.  

3. Prohibited Use 

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. 

4. Privacy Policy 

Our privacy policy is available here: Privacy Policy (the “Privacy Policy”). The Privacy Policy applies to your use of the Services. By using the Services, you consent to our collection and use of your information, as described in our Privacy Policy. 

5. Accounts 

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. 

6. 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.  

7. Content 

You may be allowed to submit content to us (such as text, documents, images, audio, videos, and more) (“Your Content”). By submitting Your Content to us, you represent that you own Your Content, or otherwise have legal rights to You Content, and that the license you grant us to use Your Content is valid and does not violate any other contract or law. By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, store, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, with or without attribution for the following purposes: (a) to provide, maintain, and update the Services, (b) to prevent or address service, security, support, and technical issues, with the Services, and (c) as required by law. Please refer to our Privacy Policy for additional information about how we may use Your Content. 

Please note that Your Content may be visible to other users of the Service depending on the privacy settings chosen by you, if applicable (please review our Privacy Policy to understand your rights with respect to privacy settings). We cannot guarantee that those other users will not violate your rights with respect to Your Content and we disclaim all liability for uses by other users.  

Notwithstanding anything contrary in these Terms, we do not have any obligation to retain or otherwise back up Your Content. Please review our Privacy Policy to learn more about your rights with respect to the retention and deletion of Your Content. 

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. 

8. Intellectual Property 

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.  

9. Links to Other Sites 

The Services may contain links to third-party sites, which we provide solely as a convenience to you. These third-party sites are not under our control, and we are not responsible for and do not endorse these third-party sites. If you use any links to third-party sites, you may be subject to any terms of use and privacy policies applicable to those third-party sites.  

10. Disclaimers 

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. 

11. 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. 

12. Indemnification 

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. 

13. Miscellaneous 

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