TERMS O F SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES. YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU. THE USER. CUSTOMER. OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF 08/12/2016.
ACCEPTANCE OF TERMS
The following Temis of Senice Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with California Neurodiagnostic Society, also known as CKS. located at PO Bo.x 16112. Irvine. California 92623 and our subsidiaries and affiliates. in association with the use of the CNS website, which includes CalifomiaNeurodiagnosticSociety.org. (the “Site”) and its Services, which shall be defined below.
DESCRIPTION OF WEBSFTE SERVICES OFFERED
The Site is a non-profit website which has the following description:
education for neurotechnologists
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS.
The user acknow ledges and agrees that the Sen ices piovidal and made available through our website and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property o f California Neurodiagnostic Societ>’. A t its discretion, California Neurodiagnostic Society may offer additional website Sen ices and/or products, or update, modify or revise any cuirent content and Senices. and this Agreement shall apply to any and all additional Sen ices and’or products and any and all updated, modified or revised Senices unless othenvise stipulated. California Neurodiagnostic Society does hereby resene the right to cancel and cease offering any of the aforementioned Sen ices and/or products. You, as the end user acknowledge, accept and agree that California
Neurodiagnostic Society shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthemiore, the user understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such California Neurodiagnostic Society shall not assume any responsibility or obligation for the
timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
PRI\V POLICY
Ever\s registration data and various other personal information are strictly protected by the California Neurodiagnostic Society Online Privacy Policy (see the full Privacy Policy at ). As a member, you herein consent to the collection and use of the infomiation provided, including the transfer of information within the United States and or other countries for storage, processing or use by California Neurodiagnostic Societv and or our subsidiaries and affiliates.
CAUTIONS FOR GLOBAL USE .\ND EXPORT -\ND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to complv with all local rules relating to online conduct and that w hich is considered acceptable Content. Uploading, posting and or transfening o f software, technology and other technical data may be subject to the e.xport and import laws of the United States and possibly other countries. Through the use of our network, vou thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to. the Export Administration Regulations (http:v\vvAv .access.gpo.gov bis ear ear_data.html). as well as the sanctions control program of the United States (httpiAvvvAv.treasuiA .gov resource-
center a)
- b) c) d)
sanctions Programs Pages Pro grams.aspx). Furthermore, you state and pledge that you:
are not on the list of prohibited indiv iduals which may be identified on any government export exclusion report (http: www.bis.doc.gov complianceandenforcement 1 i.ststocheck.htm) nor a member o f anv other government w hich mav be part o f an export-prohibited countiy identified in applicable export and import law s and regulations;
agree not to transfer any software, technology or any other technical data through the use o f our network Serv ices to any export-prohibited countiy;
agree not to use our v\ebsite netw ork Serv ices for any militan. nuclear, missile, chemical or biological v\eaponiA end uses that would be a v iolation of the U.S. export laws; and
agree not to post, transfer nor upload any software, technologv or any other technical data which would be in v iolation of the U.S. or other applicable export and or import laws.
CONTENT PLACED OR MADE A\E FOR COMP.\NT SERMCES
California Neurodiagnostic Society shall not lay claim to ow nership o f any content submitted by any v isitor or user, nor make such content available for inclusion on our v\ebsite Serv ices. Therefore, vou herebv grant and allow for California Neurodiagnostic Society the belov\d worldwide, rovaltv-free and non- exclusive licenses, as applicable;
- a) The content submitted or made av ailable for inclusion on the publicly accessible areas of California Neurodiagnostic Society’s sites, the license prov ided to pennit to use. distribute, reproduce, modify, adapt, publiclv perfonn and or publiclv displav said Content on our netv\ork Sen ices is for the sole puipose of prov iding and promoting the specific area to which this content was placed and or made available for v iew ing. This license shall be av ailable so long as you are a member of California
Neurodiagnostic Society’s sites, and shall terminate at such time when you elect to discontinue your membership.
- b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areasofCalifornia Neurodiagnostic Society’s sites, the license providedto pemiitto use, distribute, reproduce, modify, adapt publicly perform and/or publicly display said Content on our network Services are for the sole purpose of pro\g and promoting the specific area in which this content was placed and or made a\e for \w ing. This license shall be available so long as you
are a member of California Neurodiagnostic Societ\’s sites and shall temiinate at such time when you elect to discontinue your membership.
- c) For any other content submitted or made available for inclusion on the publicly accessible areas of California Neurodiagnostic Society’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use. distribute, reproduce, modify, adapt, publish, translate, publicly perfomi and or publicly display said content, w hether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of California Neurodiagnostic Society’s sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to users.
CONTRIBUTIONS T O COMPANY’ X^TBSITE
California Neurodiagnostic Society provides an area for our users to contribute feedback to our website. When you submit ideas, documents, suggestions and or proposals (“Contributions”) to our site, you acknowledge and agree that:
- a) your contributions do not contain any type o f confidential or proprietarv’ information;
- b) CNS shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions:
- c) CNS shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- d) the contributor’s Contiibutions shall automatically become the sole property of CNS; and
- e) CNS is under no obligation to either compensiite or provide any form of reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold California Neurodiagnostic Society, our subsidiaries, affiliates, agents, employees, officers, partners and or licensors blameless or not liable for any claim or demand, which may include, but is not limited to. reasonable attorney fees made by any third party which may arise from any content a user o f our site may submit, post, modify, transmit or otherwise make available through
our Ser\, the use of CNS Services or your connection with these Services, your violations of the Terms of Service and/or your violation o f any such rights o f another i^erson.
COMMERCIAL REUSE OF SERVTCES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to CNS’s sites.
MODIFICATIONS
California Neurodiagnostic Society shall reserv e the right at any time it may deem fit, to modify-, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof with or without prior notice. In addition, we shall not be held liable to you or to any third part> for any such alteration, modification, suspension and/or discontinuance of our Senices, or any part thereof
AD\TRTISERS
Any conespondence or business dealings with, or the participation in any promotions o f advertisers located on or through our Services, which may include the payment and or delivery of such related goods and/or Services, and any such other temi, condition, waminty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser Moreover, you herein agree that California Neurodiagnostic Societ> shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result o f any such dealings or as a result o f the presence o f such advertisers on our website.
LESKS
Either California Neurodiagnostic Society or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthemiore, you acknowledge and agree that California Neurodiagnostic Society shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that California Neurodiagnostic Society’s Services and any essential software that may be used in connection with our Serv ices (“Software”) shall contain proprietarv’ and confidential material that is protected by applicable intellectual property rights and other laws. Furthemiore, you herein acknowledge and agree that any Content which may be contained in any advertisements or infomiation presented by imd through our Sen’ices or by advertisers is protected by copyrights, trademarks, patents or otlier proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Califomia Neurodiagnostic Society or such applicable licensor, you agree not to alter, modify, lease, rent loan. sell, distribute, transmit, broadcast, publicly perfomi and/or created any plagiaristic works which are based on California Neurodiagnostic Society Services (e.g. Content or Software), in whole or part.
Califomia Neurodiagnostic Society herein has granted you personal, non-transferable and non-exclusive rights and or license to make use of the object code or our Software on a single computer, as long as you do not. and shall not. allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or othenvise make an attempt to locate or discern any source code. sell, assign, sublicense, grant a security interest in and or othenvise transfer any such right in the Softv^are. Furthemiore, you do herein agree not to alter or change the Softw are in any manner, nature or fomi, and as such, not to use any modified versions of the Software, including and v\t limitation, for the puipose of obtaining unauthorized access to our Serv ices. Lastly, you also agree not to access or attempt to access our Senices through any means other than through the interface which is provided by Califomia Neurodiagnostic Society for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF CALIFORNIA N-EURODIAGNOSTIC SOCIETY SERMCES ANT) SOFTW.ARE ARE AT THE SOLE RISK BY YOU. OLH SERVICES .\ND SOFTWvXRE SHALL BE PROVIDED ON AN “AS IS” AND OR “AS AVAILABLE” BASIS. CALIFORNIA NEURODIAGNOSTIC SOCIETY’ AND OUR SUBSIDIARIES. AFFILIATES, OFFICERS. EMPLOYEES. AGENTS. PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY ANT) ALL WARRANTIES OF ANT KIND WTIETHER EXPRESSED OR IMPLIED. INCLUDING. BUT NOT LIMITED TO ANY IMPLIED WARR.\NTIES OF TITLE. MERCHANTABILm\ FITNESS FOR A PARTICLTAR PURPOSE y\ND NON-INTRINGEMENT.
- b) CALIFORNIA NEURODIAGNOSTIC SOCIETY’ ANT) OUR SUBSIDIARIES. OFFICERS. EMPLOYEES. AGENTS. PARTNERS AND LICENSORS MAKE NO SUCH WARR.\NTIES THAT (i)CALIFORNIA NEURODIAGNOSTIC SOCIET^^ SERVICES OR SOFTWARE WILL MEET YOU-R REQUIREMENTS; (ii) CALIFORNIA NELTIODIAGNOSTIC SCXIEPr’ SERVICES OR S0FTU7\RE SHALL BE L’NINTERRUPTED. TIMELY. SECURE OR ERROR- FREE: (iii) THAT SUCH RESUTTS WTIICH MAYBE OBTAINED FROM THE USE OF THE CALIFORNIA NEUTlODL\GNOSTlC SOCIETt^ SERVICES OR SOFTWARE WILL BE ACCL-RATE OR RELIABLE; (iv) QUALIFi^ OF ANY PRODUCTS. SERVICES. ANT INFORMATION OR OTHER MATERIAL WTIICH MAY BE PURCHASED OR OBTATNTD BY YOU THROUGH OLH SERVICES OR SOFTWARE WTLL MEET YOLU EXPECTATIONS; AND (V) THAT ANT SUCH ERRORS CONTAINTD IN THE SOFTW’ARE SHALL BE CORRECTED.
- c) ANT INFORMATION OR MATERL\ DOW’-NLOADED OR OTHERWISE OBTAINED BY WAY OF CALIFORNTA NTURODIAGNOSTIC SOCIETY SER\TCES OR SOFTW’ARE SHALL BE ACCESSED BY YOLU SOLE DISCRETION ANT) SOLE RISK. AND AS SUCH YOU SHALL BE SOLEL^^ RESPONSIBLE FOR AND HEREBY W’/\rVT ANT ANT) ALL CLAIMS AND CAUSES OF ACTION WTTH RESPECT TO ANT DAMAGE TO YOLTR COMPUTER AND OR INTERNET ACCESS. DOW’NTOADING AND/OR DISPLAYING. OR FOR ANY LOSS OF D;\TA THAT COLTD RESULT FROM THE DOWTsTOAD OF ANT SUCH INFORMATION OR M,\TERIAL.
- d) NO ADVICE AND OR INTORMATION. DESPITE WTIETHER WRITTEN OR OR.\L, THAT
MAY BE OBTAINED BY YOU FROM CALIFORNTA NTUT^ODIAGNOSTIC SOCIETY’ OR BY WAY OF OR FROM OUR SERVICES OR SOFTW:\RE SHALLCREATE ANTWARR.\NTY NOT EXPRESSLY STATED IN THE TOS.
- e) A SMALL PERCENTAGE OF SOME USERS M A Y EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WTIEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROU-NDSTHATMAYBECONTAINEDONACOMPUTER SCREEN ORWTIILE USING OL-R SERVICES. CERTAIN CONTRITIONS MAY INT)UCE A PRE\TOUSLY U-NKNOWTs’ CONDITION OR L-NTRETECTED EPILEPTIC S^TIPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU. ANTONE YOU KNOW OR ANTONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION. PLEASE CONSUTT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWTNG SYMPTOMS WTilLE USING OUR SERVICES: DIZZINESS. ALTERED VISION. EYE OR MUSCLE TWTTCHES. LOSS OF AWARENESS. DISORIENTATION, ANT INTOLU-NTARY MOVEMENT. OR CONTT’LSIONS.
LEVnTATION OF LIABILFTY
YOU EXTLICITLY ACKNOWLEDGE. UTsDERSTAND AND .\GREE TR\ CALIFORNIA NEURODIAGNOSTIC SOCIEri’ ANT) OUR SLTJSIDIARIES. AFFILIATES. OFFICERS. EMPLO\TES. AGENTS. PARTNERS .\NT) LICENSORS SH.\LL NOT BE LIABLE TO YOU FOR ANT PLTNITIVT. INT)IRECT INCIDENTAL. SPECIAL. CONSEQUENTIAL OR EXEMPLARY DAMAGES. INCLLT)ING. BUT NOT LIMITED TO, DAMAGES WTIICH MAY BE RELATED TO THE LOSS OF ANT PROFITS, GOODWILL. USE. DATA AND OR OTHER INTANGIBLE LOSSES. EVEN THOUGH WT MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY^ THAT SAID DAMAGES MAYOCCUH. AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR SERVICE;
- b) THE COST OF PROCLHING SUTJSTITUTE GOODS .\NT) SER\TCES:
- c) U^^AUTHORIZED ACCESS TO OR THE ALTERNATION OF YOU-R TRANSMISSIONS AND/OR DATA;
- d) STATEMENTS OR CONT)UCT OF ANT SUCH THIRD PARTY ON OUR SER\TCE;
- e) AND ANT OTHER MATTER WTIICH MAY BE RELATED TO OUR RELEASE
In the e\ent you have a dispute, you agree to release Califomia Neurodiagnostic Society (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of e\y kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED T O FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or other infomiation from our Serv ices conceming companies, stock quotes, investments or securities, please review the above Sections Waminty Disclaimers and Limitations of Liability again. In addition, for this particular type of infomiation. the phr;ise “Let the investor beware” is appropriate. Califomia Neurodiagnostic Society’s content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Califomia Neurodiagnostic Society and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any infomiation transmitted and or made available by way of our Services, and shall not be responsible or liable for any trading and or inv estment decisions based on any such information.
EXCLUSION AND LIAflTATIONS
THERE ARE SOME JURISDICTIONS WTIICH DO NOT ALLOW THE EXCLUSION OF CERTAIN W^\RR.\NTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQLTNTIAL DAMAGES. THEREFORE. SOME OF THE ABOVE LIMITATIONS OF SECTIONS W^\RR.\Nr»^ DISCLAIMERS AND LIMIT.\TION OF LIABILm’ MAY NOT APPLY TO YOU.
THIRD PART\S
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Califomia Neurodiagnostic Society may fumish you with notices, including those with regards to any changes to the TOS. including but not limited to email, regular mail. MMS or SMS. text messaging, postings on our website Serv ices, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received i f you v iolate any aspects of the TOS by accessing our Services in an unauthorized manner Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Serv ices in an authorized manner.
TR\DEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Califomia Neurodiagnostic Society trademarks, copyright, trade name, sen ice marks, and other California Neurodiagnostic Society logos and any brand features, and or product and sen ice names are trademarks and as such, are and shall remain the propeitv’ of Califomia Neurodiagnostic Society. You herein agree not to display and’or use in any manner the Califomia Neurodiagnostic Society logo or marks without obtaining Califomia Neurodiagnostic Society’s prior written consent.
COPYRIGHT O R INTELLECTUAL PROPERTV INFRINGEMENT CLAIMS NOTICE & PROCEDLTIES
Califomia Neurodiagnostic Society will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Califomia Neurodiagnostic Society may disable and, or temiinate the accounts of any user who violates our TOS
and/or infringes the rights o f others. I f you feel that your work has been duplicated in such a way that would constitute copyright infringement, or i f you believe your intelledual propeity rights have been otherwise \, you should provide to us the following infomiation:
- a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- b) A description o f the copyrighted work or other intellectual property that you believe has been infringed upon;
- c) A description of the location of the site which you allege has been infringing upon your work;
- d) Your physical address, telephone number, and email address;
- e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- f) And finally, a statement, made under penalty of perjuiy, that the aforementioned infomiation in your notice is tmthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Califomia Neurodiagnostic Society Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Califomia Neurodiagnostic Society Attn: Copyright .\gent
PO Box 16112
Irvine, Califomia 92623
Telephone: 888-588-7087
Email: infoWcalifomianeurodiagnosticsociety.org
CLOSED CAPTIONING
BE IT KNOWN, that California Neurodiagnostic Society complies with all applicable Federal Communications Commission mles and regulations regarding the closed captioning of \ideo content. For more information, please \t our website at CalifomiaNeurodiagnosticSociety.org.
GENERAL INTORMATION
E^TIRE AGREF\ff-\T
This TOS constitutes the entire agreement between you and Califomia Neurodiagnostic Society and shall govem the u.se of our Services, superseding any prior version of tliis TOS between you and us with respect to California Neurodiagnostic Societ>’ Sen ices. You may also be subject to additional temis and conditions that may apply when you use or purchase certain other Califomia Neurodiagnostic Society Senices, affiliate Services, third-party content or third-party software.