Social Networking Sites
Terms and Conditions of Use – 1/12/2010
Disclaimer of Liability

The ideas and opinions expressed on the Social Networking Sites (“Oncology EHR Network, Oncology Practice Network”) do not necessarily reflect the views of the American Society of Clinical Oncology (“ASCO”). ASCO provides the Social Networking Sites for the sole purpose of facilitating an exchange of information between physicians, practice staff, vendors, and other interested parties. None of the information posted on the Social Networking Sites is intended as medical, legal, or business advice, or advice about reimbursement for health care services. ASCO is not responsible for, and does not monitor, Network content, including user profiles, comments, recommendations, forums, photos, videos, sounds, images, documents, text, files, listings, postings, messages, external links, or other materials. The mention of any product, service, or physician practice on the Network should not be construed as ASCO’s endorsement of the products, services, or practices mentioned. ASCO is not responsible for any injury or damage to persons or property arising out of or related to any use of the material posted or linked to this site, or for any errors or omissions.

No Confidentiality

Information posted on the EHR Network is not confidential. Posting identifiable patient information may not comply with HIPAA or other federal and state privacy laws.

ASCO may collect information posted on or otherwise provided to the Social Networking Sites. ASCO may use this information to assess user-satisfaction or other needs and interests, subject to applicable provisions of ASCO’s Privacy Policy.

No Advertising

Advertising is generally prohibited on the Network. However, vendors may post information about vendor events including webinars and user group meetings.

ASCO reserves the right to remove any advertisements from the Network, and may deny access to vendors who post advertisements.

No Solicitation

The Social Networking Sites are intended to encourage the exchange of information between vendors, hospitals, and physician practices. It is not intended as a forum for solicitation of the sale or purchase of products.

ASCO reserves the right to deny access to vendors who solicit the sale or purchase of their products on the Social Networking Sites.

Intellectual Property

All “ASCO Trademarks,” including names, marks, brands, logos, designs, trade dress, slogans, and other designations of ASCO and The ASCO Cancer Foundation, including ASCO®, the American Society of Clinical Oncology®, The ASCO Cancer Foundation™, Cancer.Net™, the Journal of Clinical Oncology®, Making a world of difference in cancer care™, and the name of any ASCO meeting are the sole and exclusive property of ASCO. Use of any ASCO Trademark without ASCO’s prior written permission is strictly prohibited.

ASCO claims no ownership interest in the content users post or upload to the Social Networking Sites. By posting or uploading content, users represent that they have the necessary rights or authorization to upload or post that content. By posting or uploading content users also grant ASCO an irrevocable, non-exclusive license to reproduce, create derivative works of, distribute, publicly perform, and publicly display the content.

Prohibition on Restraint of Trade

Users of the EHR Network must abide by state and federal anti-trust laws. Use of the EHR Network in any manner to limit competition or restrain trade is not permitted. Users should give careful consideration to compliance with anti-trust laws when considering posting information about the prices of products and services, or other products and services in the health care sector.

Disclaimer of Warranties

USE OF THE SOCIAL NETWORKING SITES IS AT THE USER’S OWN RISK. THE SOCIAL NETWORKING SITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, OR ANY WARRANTY THAT THIS WEBSITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ASCO BE LIABLE FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS ARISING OUT OF, OR RELATING IN ANY WAY TO THE EHR NETWORK, OR ANY TRANSACTION OR SYSTEM DERIVED FROM THE EHR NETWORK, EVEN IF ASCO HAS BEEN ADVISED OF OR SHOULD BE OR HAS BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. ASCO EXPRESSLY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATING TO THE DEVELOPER OF THE SOCIAL NETWORKING SITES HOST PLATFORM.

Indemnity

Users of the Social Networking Sites are solely responsible for the content they post. Users agree to indemnify and hold harmless ASCO, and its subsidiaries, affiliates, officers, agents, partners, and employees for all claims and disputes arising out of the content posted.

General

ASCO reserves the right to remove any post from the Social Networking Sites or to deny access to any user at its discretion.

All terms and conditions for use of the Social Networking Sites are subject to change.