Terms and Conditions for ONS Guidelines™
By accessing or using ONS Guidelines, you intend and agree to be legally bound by these Terms and Conditions for ONS Guidelines (these “Terms”).
- Permitted Use. Subject to these Terms, ONS grants you a nonexclusive, limited, personal, nontransferable license to access and use ONS Guidelines solely for your personal, informational, and noncommercial use. ONS may terminate your license at any time for any reason.
- Prohibited Use. Without ONS’s express written authorization, you shall not (and shall not permit others to):
- Copy, modify, reproduce, screen capture, transfer, distribute, post, perform, publish, broadcast, sell, license, create derivative works from, commercialize, or exploit ONS Guidelines.
- Share, post, or integrate ONS Guidelines on your employer’s intranet or similar platform.
- Integrate ONS Guidelines into any electronic health records or systems.
- Redeliver ONS Guidelines using “framing” or other technology.
- Attempt to gain unauthorized access to ONS Guidelines through hacking, data or password mining, or other ways of circumventing any user authentication mechanisms or security or access controls.
- Remove, alter, obscure, or display ONS’s name, logo, trademarks, text, notices, or images.
- Use ONS Guidelines in any way that is false, misleading, deceptive, implies affiliation with or endorsement by ONS, or in violation of any applicable law or regulation.
- Export ONS Guidelines in violation of the export control laws and regulations of the United States.
- Intellectual Property. ONS Guidelines are protected by United States and international copyright laws. ONS owns all rights in ONS Guidelines, including but not limited to all derivative works and all copyright and other intellectual property rights therein. You shall not dispute or contest ONS’s rights in ONS Guidelines. ONS reserves all rights in ONS Guidelines not expressly granted in these Terms.
- No Warranties; Disclaimers. ONS makes no representations or warranties of any kind about ONS Guidelines, which are provided “as is.” ONS disclaims all representations and warranties, express or implied, arising out of or related to ONS Guidelines and these Terms, including but not limited to any warranties concerning accuracy, quality, correctness, completeness, comprehensiveness, currency, timeliness, suitability, availability, compatibility, merchantability, fitness for a particular purpose, title, noninfringement, or otherwise, and regardless of any course of dealing, custom, or trade usage. Access to ONS Guidelines may be subject to delays, limitations, and other problems inherent in the use of the internet and electronic communications. ONS is not responsible for any delays, delivery failures, or damage arising out of or related to such problems. No ONS employee or agent is authorized to make any statement that adds to or amends the warranties or limitations in these Terms. ONS Guidelines are not medical advice or a substitute for independent professional and clinical judgment or individual patient assessment. While ONS Guidelines may refer to concepts of diagnosis or therapy, ONS Guidelines are general reference materials and should not be used for specific diagnostic or treatment determinations.
- Limitation of Liability. You are not entitled to any damages in connection with your access to or use of ONS Guidelines or the rights granted by these Terms, including but not limited to direct, indirect, incidental, consequential, punitive, special damages, or damages for lost profits, business interruption, loss of data, loss of life, bodily harm, or property damage. This limitation applies regardless of legal theory and regardless of whether ONS was advised of the possibility of such damages. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, ONS’s sole obligation to you for damages is limited to $100.00.
- Indemnification. You shall defend and indemnify ONS (including its directors, officers, members, employees, contractors, and representatives) from and against all actions, claims, damages, liabilities, losses, penalties, fines, judgments, costs, and expenses (including legal fees) arising out of or related to your access to or use of ONS Guidelines or your violation of these Terms.
- Violations. ONS reserves the right to take any action it deems appropriate if ONS suspects that you have violated these Terms. Without limiting ONS’s rights, ONS may do one or more of the following if it suspects you have violated these Terms: terminate your access to ONS Guidelines, seek all remedies at law or equity, and report suspected unlawful activity to law enforcement or other appropriate third parties. ONS’s rights are cumulative. ONS’s failure to enforce its rights under these Terms or other legal rights will not be deemed a waiver of those rights.
- Severability. If any provision of these Terms is deemed by a court of competent jurisdiction to be unenforceable, then such provision shall be revised by a court of competent jurisdiction to be enforceable if permitted under applicable law, and otherwise shall be fully severable without limiting the enforceability of the remaining Terms.
- Governing Law and Jurisdiction. Excluding its conflict of law principles, Pennsylvania law governs these Terms. You submit to the personal and exclusive jurisdiction of the courts located within Allegheny County, Pennsylvania, to resolve any dispute or claim arising out of or related to ONS Guidelines or these Terms. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from applying.
- General. These Terms incorporate by reference ONS’s Legal Notices [link] and constitute the entire exclusive agreement between you and ONS with respect to ONS Guidelines. If there is a conflict between these Terms and the Legal Notices [link], these Terms will control. Notwithstanding anything in these Terms to the contrary, if you have a separate signed written agreement with ONS regarding ONS Guidelines, that agreement constitutes the entire agreement between you and ONS regarding ONS Guidelines. These Terms have been prepared in the English language, which will control over any non-English version.
- Changes. ONS reserves the right to change these Terms at any time. Updated versions of these Terms will appear [link] and will be effectively immediately. You are responsible for regularly reviewing these Terms. Continued access to or use of ONS Guidelines constitutes consent to changes to these Terms.
If you have any questions about ONS Guidelines, please contact firstname.lastname@example.org. If you would like information about licensing ONS Guidelines, please contact email@example.com.
* * *