Effective Date: December 1, 2017.
BY ACCEPTING THESE TERMS AND CONDITIONS AND/OR BY USING THE APPLICATION THAT LINKS TO THESE TERMS, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF USE.
Scope of Use: American Society of Hematology (“ASH”) provides the Pocket Guides Application (the “App”) to you, the user of the App (“You”), solely for Your informational, educational use and subject to the following Terms of Use (the “Terms”). These Terms are a legally binding agreement between ASH and You, and describe the terms under which You agree to use the App. For the purpose of the following Terms, references to “We”, “Us” and “Our” include ASH and its affiliates, agents, representatives, successors and assigns. It is a violation of these Terms for You to use the App in violation of any applicable laws and regulations or in violation of the rules of any ASH service providers. Certain other programs or services provided by ASH through linked tools or calculators may have additional terms and conditions regarding Your use of those services, and nothing in these Terms is intended to modify such terms and conditions.
Disclaimer. The App is provided to You as a purely informative, educational resource. The App is not intended to replace professional, medical judgment, but rather as an informative resource to improve patient care. Content and other information contained on the App has been prepared by ASH as a convenience to its users and is not intended to constitute medical advice or recommendations upon which a user may rely. ASH has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the information contained in or linked to the App. The resources contained within the App may become outdated as science advances and new evidence becomes available. Users relying on information from the App do so at their own risk. The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the products and services, but are provided solely for general informational purposes. Should You purchase a product or service from ASH or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and Your use of the App does not affect that purchase in any manner.
NOT FAIL SAFE. The App is not fail-safe and are not designed or intended for use in situations requiring fail-safe performance or any use in which an error or interruption in the App is could lead to severe injury to business, persons, property or environment. The App is should not be relied upon for emergency intervention or as a substitute for medical care
Your use of the App constitutes Your acceptance of these Terms. We may change or update these Terms at any time by posting such changes on the App. It is your responsibility to periodically review these Terms for changes. Your continued use of the services, products, features, functions, technologies, or content offered on the App after any such posting shall constitute Your acceptance of such changes. If You do not agree with any such changes, please stop using the App.
Restrictions on Use. You will not use the App for any use other than the informational, educational purpose for which it was intended. You shall use the App strictly in accordance with these Terms and in a manner consistent with all applicable local, state, national and international laws and regulations. You will not take any of the following actions with respect to the App or the server nor will You use Our App to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the App in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the App or server hosting the App; (iii) manipulates or otherwise displays the App by using framing, mirroring or similar navigational technology or directly links to any portion of the App other than the main homepage; (iv) uses any robot, spider, scraper or other automatic or manual means to access the App or copies any content or information on the App; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of ASH or its affiliates, partners, suppliers or the licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the App; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the App or any hardware, software, system or network connected with the App; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the App or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the App; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information not intended by ASH to be made accessible to You. Use of the App is limited to persons 18 years of age or older, or to persons between the ages of 13 and 18 who use the App with the permission of and the involvement of a parent or guardian who has read the Terms.
App Store Terms. The following terms apply to any app accessed through or downloaded from any app store or distribution platform (like the Apple App Store or Google Play) where the App may now or in the future be made available (each an “App Provider”). You acknowledge and agree that:
Privacy Policy. You may view a copy of Our privacy policy here, which explains ASH’s practices relating to the collection and use of Your information through or in connection with Our App. The privacy policy is incorporated into these Terms, and governs ASH’s use of Your information and/or any information You submit or otherwise make available to Us in connection with the App.
Registration, Access & Security. If You use any ASH service and provide Us any information through the App, such as Your name, phone number, contact details, email address, wireless carrier information, Your password and/or personal identification number (PIN) (collectively, Your “Account Data”) for any accounts associated with Your device (“Your Account(s)”), You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then We have the right to terminate or refuse any and all current or future access or use of the App (or any portion thereof). We reserve the right to take any action that We deem necessary to ensure the security of the Apps and Your Account, including without limitation changing Your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. If You are using the App on behalf of a legal entity, You represent that You are authorized to enter into and agree to these Terms on behalf of that legal entity. You are solely responsible for keeping Your Account Data and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your Account Data or the security questions and responses associated with Your Account can use that information to gain access to Your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your Account Data and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by ASH and its service providers, of any information and data related to or derived from Your use of the App.
You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software and communication lines required to access and use the App, and ASH reserves the right to change the access configuration of the App at any time without prior notice.
No Warranties. ALL CONTENT ON THIS APP IS PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND ASH EXPRESLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASH MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE IS AT YOUR SOLE RISK. THE CONTENT PROVIDED ON THE APP IS PROVIDED TO YOU AS A PURELY INFORMATIONAL AND EDUCATIONAL RESOURCE AND DOES NOT CONSTITUTE MEDICAL ADVICE OR PROFESSIONAL JUDGMENT.
ASH MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE APP WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE.
Trademarks. All trademarks, service marks and logos that are used or displayed on the Apps are owned by ASH or by third parties and are the property of their respective owners. You must obtain ASH’s written permission prior to using any trademark or service mark of ASH. Unauthorized use of any trademarks, service marks or logos used on the App may be a violation of state, national and international trademark laws. Additionally, ASH’s custom icons, graphics, logos and scripting on the App are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without the prior written permission of ASH.
Website Content & Copyright. This App and the content contained on this App are protected by U.S. and international copyright laws. You may not modify, reproduce or distribute the content, design or layout of the App or individual sections of the content, design or layout of the App or ASH trademarks or logos without Our written permission. The layout, compilation, organization and display of the content as well as all software and inventions used on and in connection with this App are the exclusive property of ASH. ASH reserves all of its rights in the App and its content.
Copyright Infringement Notification. ASH has a policy of removing data or content that violates applicable copyright law. Pursuant to Section 512 of Title 17 of the United States Code, ASH has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with Us, You will need to send a written communication to ASH’s Designated Agent, listed below, containing substantially the following information or such other information as may be required by Section 512(c)(3) of the Copyright Act: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please direct any such notice to ASH at quality@hematology.org. The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address.
Reviews, Comments and Other Content. If You post or submit any reviews, comments, photos, statements, ideas, questions or other content (collectively, the “Content”) to the App or to ASH, You acknowledge and agree that all such Content shall comply with the terms of these Terms (including the “RESTRICTIONS ON USE” section above) and You may not use any fake e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content. Unless We indicate otherwise, You grant ASH a royalty-free, perpetual, irrevocable, transferable, sublicensable, worldwide right to use, publish, reproduce, modify, copy, distribute, adapt, translate, create derivative works of and display such Content on any media and in any form. If You provide any names or user names in connection with such Content, You grant ASH the right to use that name or user name in accordance with the foregoing license. You represent and warrant that all Content that You submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including but not limited to FTC 16 CFR Part 255, regarding truth-in advertising and disclosure requirements. You represent and warrant that all Content You submit to the App or ASH is accurate, truthful and non-deceptive; that all Content has evidence to back up the claims made; and You shall, if applicable, clearly disclose whether the Content is a sponsored post for which payment or any kind of benefit at all was received by You, whether You are a shareholder or employee of ASH, whether You received any ASH products, samples, cash or benefit of any kind in exchange for posting the Content, and all Content shall be clearly and conspicuously distinguishable from other editorial content. You further represent and warrant that You own or otherwise control all of the proprietary rights to the Content that You submit or post to the App and that You will indemnify ASH for all claims resulting from any Content You or any third parties submit to ASH or post to the App. ASH has the right but not the obligation to remove, edit or monitor any Content, but ASH takes no responsibility and assumes no liability for the Content posted or submitted by You or any third parties.
Modifications. ASH reserves the right to modify this App and the rules and regulations governing its use, at any time, including, without limitation, these Terms. Modifications will be posted on the App and the “last updated” date at the top of this page will be revised. You understand and agree that if You use this App after the date on which the Terms have changed, ASH will treat Your use as acceptance of the updated Terms. ASH may make changes in the products and/or services described in this App at any time.
Violation of Rules and Regulations; Disclosure of Information. ASH reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the App. ASH may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the privacy policy, ASH reserves the right at all times to disclose any information as ASH deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ASH’s sole discretion.
Indemnity. You agree to indemnify and hold ASH and its subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, made by any third party due to or arising out of Your use of the App, Your violation of these Terms, or Your violation of any law or any rights of another. ASH reserves the right, at Your expense, to assume the exclusive defense and control of any matter which You are required to indemnify against, and You agree to cooperate in ASH’s defense of such matter. This indemnification shall survive any termination of these Terms.
Limitation of Liability. YOU UNDERSTAND AND AGREE THAT ASH WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITES (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER'S MOBILE DEVICE OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS APP, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APP OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APP, OR RELATED INFORMATION OR PROGRAMS.
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE APP WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT.
BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, ASH’s liability will be limited to the fullest extent permitted by applicable law.
Third Party Materials. Some links in this App may navigate You away from ASH’s App or redirect You to other websites or applications, including websites or applications operated by third parties. Please be aware that those websites may collect information from or about You and about Your visit. The linked sites are not under the control of ASH, and the content available on the Internet sites linked to this App does not necessarily reflect the opinion of ASH. ASH is providing these links to other Internet sites as a convenience to You, and access to any other Internet sites linked to this App is at Your own risk. The inclusion of any link does not imply a recommendation or endorsement by ASH of the linked site. You should review the terms of use and privacy policies that are posted on any website that You visit, before using any linked websites. ASH accepts no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action You may take as a result of linking to any such website. ASH is under no obligation to maintain any link on the App and may remove a link at any time in its sole discretion for any reason whatsoever. ASH shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. ASH is not responsible for the privacy practices of any other websites.
No Fiduciary Relationship. The Terms do not create any fiduciary relationships between You and Us. The Terms do not create any relationship of principal and agent, partnership, or employer and employee, between You and Us. You may not enter into any contract on Our behalf or bind Us in any way.
Right to Monitor. ASH neither actively monitors general use of the App under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material accessible over or through the App. However, ASH does reserve the right to monitor such use at any time as it deems appropriate and to remove any materials that, in ASH's sole discretion, may be illegal, may subject ASH to liability, may violate these Terms, or are, in the sole discretion of ASH, inconsistent with ASH's purpose for the App.
Responsibility for Equipment. Use of the App may require a computer, smartphone, or tablet. Unless otherwise agreed in writing between the parties, all equipment is provided solely by the Users of the Service. Company has no responsibility for the operation or support, maintenance or repair of any equipment, software or services that you elect to use in connection with the App.
Third Party Carriers. The App communicates via internet and/or cellular data service provided by independent carriers. The internet or cellular data service provided by the independents carrier may fail or go off-line from time to time, and during any such outage our App will be unable to transmit and receive information. We may not receive timely notice of the communications outage from the independent carriers. We are not obligated to provide App during any such outages. Cellular networks and internet providers may be regulated by federal and state agencies and changes in rules and regulations may require us to modify or terminate our provision of the App.
Electronic Communications. When You visit the App or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms.
Governing Law and General Principles. This App is operated by ASH or one of its providers from its facilities for use within the United States of America. ASH makes no representation that the information in the App is appropriate or available for use in other locations, and access to the App from territories where the contents of the App may be illegal is prohibited. Those who choose to access this App from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. By using the App, regardless of where You live or are located in the world, You consent to these Terms and any claims relating to the information, services or products made available through this App will be governed by the laws of the District of Columbia, excluding the application of its conflicts of law rules. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. ASH may assign these Terms or any part of them without restrictions. ASH’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of ASH’s right to subsequently enforce such provision or any other provisions of these Terms. You agree that any claim You may have arising out of or related to Your use of the App or Your relationship with ASH must be filed within one year after such claim arose; otherwise, Your claim is permanently barred. You agree that any violation, or threatened violation, by You of these Terms constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.