Terms of Use Agreement
and Privacy Policy |
The information in New Jersey State Society
of Anesthesiologists ("NJSSA") Internet Web site is not intended as a substitute
for medical professional help or advice but is to be used only as an aid in understanding
current medical knowledge. A physician should always be consulted for any health problem
or medical condition. Inquiries about the contents of the New Jersey State Society of
Anesthesiologists Internet Web site should be addressed to New Jersey State Society of
Anesthesiologists, 3 Regent Street, Suite 301, Livingston, New Jersey, 07039 or membership@njssahq.org.
When you access, browse or use the NJSSA Internet site at NJSSAHQ.org, ("the
Site") you accept, without limitation or qualification, the terms and conditions set
forth below ("Terms of Use"). Your continued use of this site will indicate your
agreement to be bound by the Terms of Use set forth below.
Please read these Terms of Use carefully before using this site. By using this site, you
signify your agreement to all terms, conditions, and notices contained or referenced
herein. If you do not agree to these Terms of Use please promptly exit this site.
Your Right to Use the Site and Its Contents
The Site is only for your use. You may not distribute, exchange, modify, sell or transmit
anything you copy from the Site for any other business, commercial or public purpose. As
long as you comply with the terms of these Terms of Use, NJSSA grants you a non-exclusive,
non-transferable, limited right to enter, display and use the Site for your personal,
non-commercial use only, provided you keep intact all copyright, trademark, and other
proprietary notices and comply with any applicable end user license agreements. You agree
not to interrupt or attempt to interrupt the operation of this Site in any way.
Ownership
All pages that compose the Site and any material made available for download, ("the
Content") are the property of the New Jersey State Society of Anesthesiologists
and/or its subsidiaries and affiliates. Any rights not expressly granted by the Terms of
Use or any applicable end user license agreements are reserved by NJSSA.
Trademark Notice
NJSSA and NJSSAHQ.org are the trademarks and servicemarks of NJSSA. All other marks used
in the Site are the property of their respective owners. By making them available on this
Site, NJSSA is not granting you any license to utilize those proprietary logos,
servicemarks, or trademarks.
Procedure for Making Claims of Copyright Infringement
The site is protected from copyright infringement claims in accordance with the Digital
Millennium Copyright Act (17 U.S.C. Section 512). NJSSA is registered with the United
States Copyright Office as a Service Provider. Any notifications of claimed copyright
infringement must be sent to New Jersey State Society of Anesthesiologists, 3 Regent
Street, Suite 301, Livingston, New Jersey, 07039 or membership@njssahq.org.
No Medical Advice
The Site does not provide Medical Advice. Please do not consider anything you learn on the
Site as medical advice. The information you obtain from the Site might be inappropriate
for your own situation, or might be misinterpreted. NJSSA assumes no responsibility for
how you use the information you obtain from this Site. Although we strive to keep our
information up to date, medical information changes rapidly, and some information may be
out of date. For advice about your own situation, ask your doctor.
Indemnification
You agree to indemnify, defend and hold NJSSA and all of its agents, directors, employees,
and officers, (collectively, "Indemnified Parties") harmless from and against
any and all liability and costs (including, without limitation, attorneys' fees and
costs), incurred by the Indemnified Parties in connection with any claim arising out of
any breach by you of these Terms of Use or the foregoing representations, warranties and
covenants. You will cooperate as fully as reasonably required in NJSSA 's defense of any
claim. NJSSA 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 NJSSA.
Disclaimer of Warranties and Damages; Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE SITE (INCLUDING ALL CONTENT AND FUNCTIONS
MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE) IS PROVIDED "AS IS." REGARDING
THE CONTENT OF THE SITE, NJSSA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE SITE, (2) THAT THE
SERVER THAT MAKES THIS SITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY
INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU
ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NJSSA'S NEGLIGENCE, SHALL NJSSA BE
LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES
RELATED TO (A) THE USE OF, (B) THE INABILITY TO USE OR (C) ERRORS OR OMISSIONS IN THE
CONTENTS AND FUNCTIONS OF THIS SITE, EVEN IF NJSSA OR AN AUTHORIZED REPRESENTATIVE OF
NJSSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL NJSSA'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE), EXCEED $150.00.
Termination
NJSSA reserves the right, in its sole discretion, to terminate your access to the Site,
with or without notice.
Site Accuracy
Although NJSSA attempts to ensure the integrity and accurateness of the Site, it makes no
guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that
the Site could include typographical errors, inaccuracies or other errors, and that
unauthorized additions, deletions and alterations could be made to the Site by third
parties. In the event that an inaccuracy arises, please inform NJSSA so that it can be
corrected.
Rules for User-Supplied Material
The Site has areas, which allows you to upload and download materials. When using any of
these areas, you agree not to post, send, transmit, upload or otherwise publish through
this Site, any materials that (1) interfere with anyone else's use of the Site; (2) are
abusive, illegal, indecent, obscene, offensive or threatening in any way; (3) encourage
anyone to break the law; (4) violate anyone's copyright or other property right; (5)
interfere with the privacy of any other user; (6) contain a virus or any other harmful
component; or (7) contain false or misleading statements of fact or descriptions of the
origin of the material or the communication.
Responsibility for User's Material
The Site is interactive. You may use it to send communications. You agree to be
responsible for the content of your communications. You are prohibited from posting or
transmitting any defamatory, libelous, obscene, pornographic, profane, threatening or
unlawful material or any material that could constitute or encourage conduct that would be
considered a criminal offense or give rise to civil liability, or otherwise violate any
law. Although NJSSA may from time to time monitor or review the Site, NJSSA is under no
obligation to do so and assumes no liability or responsibility arising from the contents
of any such communications or for any defamation, error, inaccuracy, libel, obscenity or
profanity contained in any such communication. NJSSA will fully cooperate with any law
enforcement authorities or court order requesting or directing NJSSA to disclose the
identity of anyone sending such materials.
NJSSA's Rights to User's Material
If you send any communications or materials to the Site by electronic mail or otherwise,
including any comments, data, questions, suggestions or the like, all such communications
are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any
claim that any use of such material violates any of your rights including moral rights,
privacy rights, proprietary or other property rights, publicity rights, rights to credit
for material or ideas, or any other right, including the right to approve the way NJSSA
uses such material.
Any material submitted to this Site may be changed, copied, disclosed, licensed,
performed, posted, published, sold, transmitted or used by NJSSA anywhere in the world, in
any medium, forever. Furthermore, NJSSA is free to use, without any compensation to you,
any concepts, ideas, know-how or techniques contained in any communication you send to the
Site for any purpose whatsoever. However, you agree and understand that NJSSA is not
obligated to use any such ideas or materials and you have no rights to compel such use.
Transmitted Material
Internet transmissions are never completely private or secure. You understand that any
message or information you send to this Site may be read or intercepted by others. Sending
a message to NJSSA does not cause NJSSA to have any special responsibility to you.
Notice To/Regarding Children Under the Age of 13
If you are less than 13 years old you are not permitted to use the Site.
Availability / Liability of Services
The services displayed on the Site may not be available for purchase in your particular
locality. The reference to products and services on the Site does not imply or warrant
that these products or services will be available at any time in your particular location.
Links - From this site to another
New Jersey State Society of Anesthesiologists Internet Web site provides links to other
organizations as a service to our Internet visitors but is not responsible for the
information provided in other web sites.
Links from this Site to any other site do not mean that NJSSA approves of, endorses or
recommends that site. NJSSA disclaims all warranties, express or implied, as to the
accuracy, legality, reliability or validity of any content on any other site. NJSSA makes
no representations whatsoever about any other Web site that you may access through this
Site. When you access a non-NJSSA site, please understand that it is independent from
NJSSA, and that NJSSA has no control over the content on that Web site.
A hyperlink to a non-NJSSA Web site does not mean that NJSSA endorses or accepts any
responsibility for the content, or the use, of the linked site. It is up to you to take
precautions to ensure that whatever you select for your use or download is free of such
items as viruses and other items of a destructive nature. If you decide to access any of
the third party sites linked to this Site, you do this entirely at your own risk.
Links - From another site to this site
Persons may not copy any of the materials from this Site onto your own Web server without
prior written permission. Nor may you link to isolated elements on this Site (including
photographs, illustrations, diagrams, buttons, text, or any other elements whatsoever)
without prior written permission. Any such copying or isolated linking will be considered
a violation of copyright and could subject you to legal action.
HIPAA - Health Insurance Portability and Accountability Act of 1996
NJSSA is not directly regulated by HIPAA - Health Insurance Portability and Accountability
Act of 1996, which includes Privacy and Security regulations to guarantee patients rights
and protections against the misuse or disclosure of personally identifiable health
information, referred to as Protected Health Information (PHI). NJSSA has a policy of
safeguarding the privacy of PHI in any form and endeavors to ensure that the security and
confidentiality of electronically transmitted or maintained (warehoused) patient
information is achieved. In particular, NJSSA follows the "Minimum Necessary"
rule. This rule limits the disclosure of PHI to those with a need to know and to disclose
only the minimum necessary to perform needed function.
NJSSA's Right to Change These Terms and Conditions of Use or Content on the Site
NJSSA may add to, change or remove any part of these Terms and Conditions of Use at any
time, without notice. Any changes to these Terms and Conditions of Use or any terms posted
on this Site apply as soon as they are posted. By continuing to use this Site after any
changes are posted, you are indicating your acceptance of those changes. NJSSA may add,
change, discontinue, remove or suspend any other Content posted on this Site, including
features and specifications of products described or depicted on the Site, temporarily or
permanently, at any time, without notice and without liability.
Breach of Terms of Use
If you breach the Terms of Use, your authorization to use the Site automatically
terminates and you must immediately destroy any downloaded or printed materials. Any
unauthorized use of the Content may violate copyright laws, trademark laws, publicity law,
and civil and criminal statutes.
Choice of Law and Venue
These Terms of Use are entered into in the State of New Jersey and shall be governed by
and construed in accordance with the laws of the State of New Jersey, exclusive of its
choice of law rules. Each party to these Terms of Use submits to the exclusive
jurisdiction of the state and federal courts sitting in Newark, New Jersey, and waives any
jurisdictional, venue, or inconvenient forum objections to such courts. In any action to
enforce these Terms of Use, the prevailing party will be entitled to costs and attorneys
fees.
In the event that any of the Terms of Use are held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that these Terms of Use shall otherwise remain in full
force and effect.
Entire Agreement
These Terms and Conditions constitute the entire agreement between NJSSA and you
pertaining to the subject matter hereof. In its sole discretion, NJSSA may from
time-to-time revise these Terms of Use by updating this posting. You agree to periodically
visit this section of the Site to review the current Terms of Use, so you are aware of any
such revisions to which you are bound. Certain provisions of these Terms of Use may be
superseded by expressly designated legal notices or terms located on particular pages
within this Site.
Online Privacy Policy
Your Privacy
At NJSSA we believe that, as an our Internet site visitor ("you") have a right
to know our practices regarding the information we collect when you visit our Internet
site and what type of information is collected. The guidelines contained herein only apply
to your visits to NJSSAHQ.org, the Internet site operated by NJSSA.
While NJSSA does not generally require that you provide us with personally identifiable
information in order to visit and use the NJSSA sites, please note that in order to
participate in some activities, such as becoming a member, requesting employment and
sending messages to NJSSA, it will be necessary for you to provide this information.
Collection of Information: Cookies and Personal information
For each visitor to NJSSAHQ.org, NJSSA's Web server automatically recognizes and stores
information such as the visitor's IP address/Domain name combination. We use this
information to understand visitor traffic patterns through our site for purposes such as
enhancing its usability. Your computer provides this information automatically each time
you log on, unless you've activated blocking technology available in some browsers.
When you visit NJSSA's sites, we will not use an industry-wide technology called
"cookies" which stores certain information on your computer.
NJSSA may ask you to provide "personal information", meaning individually
identifiable information that you provide on our Web sites such as your email address,
name, mailing address, or telephone number which is associated with individually
identifiable information, to enable you to order services. NJSSA may combine the
information you provide on our Web sites with other information we may collect from you or
from third parties so that we can more effectively tailor our site and services.
NJSSA may contact you to provide information about services. NJSSA will not share the
personal information you provide on the NJSSA Web sites with any other parties, except (a)
with your consent; (b) as may be required by law or court order; (c) to persons or
companies with whom NJSSA conducts business, such as subcontractors, joint ventures,
complementary and supplementary service providers; or (d) when necessary to protect the
personal safety or property of our users, the public or NJSSA.
Security
While NJSSA cannot guarantee that unauthorized access will never occur, rest assured that
NJSSA takes care in maintaining the security of your personal information and in
preventing unauthorized access to it through the use of appropriate technology and
internal procedures.
Notice To/Regarding Children Under the Age of 13
Due to the Child Online Privacy Protection Act, children less than 13 years of age are not
permitted to use NJSSAHQ.org.
Use and Disclosure of Anonymous Aggregated Information
NJSSA may also collect, aggregate and maintain anonymous information about the visitors to
our Web sites, such as visitors' browsing habits. This data can then be used to tailor
NJSSA's Internet site content to deliver a better experience for our visitors. In
addition, NJSSA may also share such aggregate information about our visitors with business
partners.
Consent to Processing
By providing any personal information to the NJSSA Site, all users fully understand and
consent to the collection and processing of such information in the United States of
America.
Policy Governs Use; Changes to Privacy Policy
The terms of this policy will govern the use and any information collected while it is in
place. NJSSA reserves the rights to change this policy at any time, so please re-visit
this page regularly. Changes to this privacy policy are effective at the time they are
posted to this site.
Questions
If you have any questions or comments about our personal information practices or about
this privacy statement, please send us an email at webmaster@njssahq.org.
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