1. Agreement Between User and ARRS: This is a binding agreement between the American Roentgen Ray Society, a not-for-profit organization (ARRS), and you, the user. ARRS’ Web site www.womensimagingonline.org (WIO) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By using WIO you confirm your acceptance of, and agree to be bound by, this agreement and all such terms, conditions and notices.

2. Modification of These Terms of Use: ARRS reserves the right to change the terms, conditions and notices under which WIO is offered. You are responsible for regularly viewing these terms and conditions. Your non-termination or continued use of WIO after changes are posted constitutes your acceptance of this agreement as modified by the posted changes.

3. Privacy Policy: Because your privacy is important to you and ARRS, ARRS will operate WIO in accordance with its privacy policy. By consenting to the terms of use agreement for WIO, you consent to this privacy policy.

4. ARRS Web Site Usage: As a condition of your use of WIO, you represent and warrant to ARRS that you will not use WIO for any unlawful purpose or in any manner prohibited by this agreement’s terms, conditions and notices. In particular, you represent and warrant that you will comply with all laws and regulations that govern confidential or personally identifiable patient information, including without limitation gathering, transmitting, using, disclosing, or storing such patient information. You also agree to comply with the requirements detailed below in the personally identifiable patient information section of this agreement.

You represent and warrant that you will not use WIO in any manner which could damage, disable, overburden or impair WIO or interfere with any other party’s use and enjoyment of WIO. By way of an example, and not as a limitation, you agree that when using WIO you will not:

5. Personally Identifiable Patient Data: Unless prior written individual authorization is obtained, you agree to not use or disclose on WIO any health information that identifies or with respect to which a reasonable basis exists to believe that the information can be used to identify an individual. Health information identifies an individual or creates a reasonable basis to identify an individual if: (1) it is created by or received from a health care provider, health plan, employer or health care clearinghouse; and (2) it relates to the past, present, or future physical or mental health or condition of the individual, the provision of health care to the individual, or the past, present or future payment for the provision of health care to the individual.

Health information that identifies or creates a reasonable basis to identify an individual includes the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, e-mail addresses, Social Security number, medical record number, health plan beneficiary number, account number, certificate or license number, any vehicle or other device serial number, Web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, radiographic images or other diagnostic images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have a reason to believe may be available to an anticipated recipient of information.

Health information may be used or disclosed without written individual authorization only in the very narrow circumstance where it has been de-identified by eliminating the specified identifying information listed above and you have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that you shall be solely responsible for any such determination and agree to indemnify ARRS for the consequences of such determination.

If federal or state requirements protecting individual health information are more restrictive than the regulations in this section of the agreement, then you agree to abide by the federal or state requirements.

6. Copyright and Trademark Ownership, Notices and Infringement: Copyrights — All contents of WIO are: Copyright © 2007 American Roentgen Ray Society, All Rights Reserved.

The content of the WIO is proprietary to ARRS and is protected by the copyright laws of the United States and other countries. The compilation of the content on WIO is the exclusive property of ARRS and is protected by the copyright laws of the United States and other countries.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from WIO without prior written permission of ARRS. For information, address the E-Communities Manager, American Roentgen Ray Society, 44211 Slatestone Court, Leesburg, VA 20176.

Any rights not expressly granted herein are reserved.

Trademarks: Nothing in this agreement or its performance shall grant you any right, title, interest, or license in or to ARRS’ names, logos, logotypes, trade dress, designs, or other trademarks.

Any rights not expressly granted herein are reserved.

7. Links to Third-Party Web Sites: WIO may contain links to third-party Web sites. The third-party Web sites are not under the control of ARRS, and ARRS is not responsible for the contents of any third-party Web site, and the inclusion of any link is as a convenience and does not imply endorsement by ARRS of the site or any association or relationship with its operators.

8. No Professional Advice: The information and materials available through WIO is for information and educational purposes only and is not a substitute for the professional judgment of the health care professional in diagnosing and treating patients. The medical, scientific, and general information included on WIO may reflect innovations and opinions not universally shared and does not necessarily reflect the view of ARRS. ARRS and WIO do not give medical advice or provide medical or diagnostic services. Your reliance upon information and materials obtained by you at or through WIO is solely at your own risk.

9. General Disclaimers, Exclusion of Damages, and Limitation of Liability: The information, software, products and services included in or available through WIO may include inaccuracies or typographical errors. ARRS may make improvements and/or changes to WIO at any time. Advice received via WIO should not be relied upon for personal, medical, legal or financial decisions, and you should consult an appropriate professional for specific advice.

ARRS makes no representations about WIO, including without limitation WIO’s suitability, reliability, availability, timeliness and accuracy of the information, materials, software, products, services, and graphics. ARRS provides WIO, including without limitation all information, materials, software, products, services and graphics “as is” without warranty of any kind.

Your sole and exclusive remedy if you are dissatisfied with any portion of WIO is to discontinue using it. ARRS in no event under any circumstances whatsoever shall be liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever, including without limitation damages for loss of use, data or profits arising out of or in any way connected with the use or performance of WIO, with the delay or inability to use WIO, the provision of or failure to provide services, or for any information, materials, software, products, services, and graphics obtained through WIO, security breaches, or otherwise arising out of the use of WIO, whether based on contract, tort, negligence, strict liability, or otherwise, even if ARRS has been advised of the possibility of damages.

Also in particular, in no event shall ARRS be held liable for any direct, indirect, compensatory, punitive, incidental, special, consequential damages or any damages whatsoever arising out of in connection with the information provided on WIO, including without limitation in connection with the use of techniques or procedures discussed on WIO.

Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to you.

10. Indemnity: You agree to indemnify ARRS from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of WIO, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights. ARRS will notify you promptly of any claim which ARRS seeks indemnification and will afford you the opportunity to participate in the defense of such a claim, provided that your participation will not be conducted in a manner prejudicial to ARRS’ interests as reasonably determined by ARRS.

11. Governing Law: This agreement is governed by the laws of the Commonwealth of Virginia, USA. You hereby consent to the exclusive jurisdiction and venue of courts in Virginia in all disputes arising out of or relating to the use of WIO.

12. Construction: If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including without limitation the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.

13. ARRS Contact Information:
E-Communities Manager, womensimaging@arrs.org
American Roentgen Ray Society
44211 Slatestone Court
Leesburg, VA 20176
Phone: (703) 729-3353 or (800) 438-2777
Fax: (703) 729-4839