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Terms and Conditions


Agreement: THIS AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES PLEASE READ IT CAREFULLY Effective Date: March 3, 2003 SCOPE OF AGREEMENT This Terms of Use Agreement ("Agreement") by and between the American Society of Clinical Oncology ("we", "us", "our" or "ASCO") and you ("you" or "your") governs your use of the Oncology Career Centerä web site ("Site") together with all information, content, products, materials and services made available to you through the same by us and/or third parties (which together with the Site shall be collectively referred to as the "Service"). By using or otherwise accessing the Service, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of this Agreement. If you do not agree to this Agreement, do not access or use the Service in any manner. When we refer to the "use" of the Service in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Service. Certain sections of our Service may refer to, link to, describe or contain other policies, rules and additional terms and conditions including, without limitation our Privacy Statement, which all form a part of this Agreement and collectively constitute the entire and exclusive agreement between you and us superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service. We may add, delete or modify any of our Service at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes via electronic mail or by posting the changes on the Site. Changes will take effect once we notify you ("effective date"). You can always obtain a current copy of this Agreement at any time on our Site. If any change is not acceptable to you, you must stop using the Service. Your use of the Service after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Service and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services. DESCRIPTION OF SERVICE AND RELEASE The Service provides, among other things, career management information, content, resources and tools enabling (i) oncology professionals seeking employment ("job seekers") to search and apply for potential employment opportunities and post their resumes to the Site in furtherance thereof; and (ii) oncology professionals, suppliers and providers seeking to fill job positions ("employers") to search for potential candidates and post employment listings and opportunities to the Site in connection therewith. You acknowledge and agree that (a) the Service merely provides you with a venue to solicit employment and respond to offers for employment; (b) ASCO does not and has no obligation to screen or monitor the profiles, resumes or other information posted by job seekers or censor any employment listings posted by employers; (c) ASCO is not involved in and has no obligation to endorse, participate in or otherwise facilitate any communications, dealings or transactions between employers and job seekers; and (d) ASCO is not and shall not be considered an employer with respect to your use of the Service, and shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs or resumes to the Service. As a consequence, ASCO has no control over the adequacy, quality, safety or legality of the job listings or resumes posted, the truth or accuracy of the listings, the ability or willingness of employers to offer job opportunities to job seekers or the ability or willingness of job seekers to fill job openings. In addition, you acknowledge and agree that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Service. Because we do not control, monitor, manage or regulate your communications, transactions, activities or dealings with other job seekers or employers (as applicable), the manner in which you use our Service, or the information you send or receive from others, beyond the rights and obligations specifically set forth in this Agreement, if you have any dispute with one or more job seekers or employers (as applicable), or are in any way damaged as a result of any third party, you hereby release and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against us, our affiliates, officers, directors, employees, agents, representatives and suppliers from, for any claims, actions, demands or damages (whether direct, indirect, special, incidental or consequential), of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed. YOUR ACCOUNT AND PROFILE You must register to obtain full access to and use of the Service. Upon registration, you will be required to provide us with certain information including, without limitation, your name or your company's name, address, telephone number(s), e-mail address, applicable payment data (e.g., billing address, credit card number and expiration date) and parameters regarding the type, scope and location of the employment position offered or sought and any additional requirements associated therewith (e.g., level of experience, education, etc.) (collectively, your "Profile Information"). You represent, warrant and covenant to us that any and all Profile Information and any other information or data you provide to us, is and will be true, accurate and complete when given to us, that in providing such information to us you will not knowingly omit or misrepresent any material facts or information, and that you will promptly enter corrected or updated Profile Information via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Profile Information as required for your use and access to the Service. Each registered job seeker and employer shall receive a unique userID and password to access and use the Service. We and/or third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Service. Your userID, password, and any additional codes or passwords are collectively referred to herein as "IDs". Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to use the Service using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns. ACCESS TO AND USE OF THE SERVICE The Service may be used only for lawful purposes by job seekers and employers as specifically set forth herein. You may not use or allow others to use, your IDs and/or Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service: (a) on behalf of anyone but yourself or your company in connection with the employment position offered or sought; (b) that is incomplete, false or inaccurate; (c) that is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (d) that violates any law or regulation or the rights of others; (e) that causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; or (f) that infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs. You also may not use, nor allow others to use, your IDs, the Service, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, delete, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (b) act in a way that affects or reflects negatively on us, the Service, or anyone else; (c) collect, copy or attempt to collect or copy any information from others including, without limitation, personally identifiable information without such party's prior consent, for purposes other than consideration of job seekers for potential employment by employers; (d) post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or sub-agents. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. CONTENT You acknowledge and agree that you are solely responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") you upload, post, link to or otherwise transmit (collectively "transmit") via the Service and the consequences thereof. You expressly agree that we have no responsibility for or control over the Content you may transmit using the Service. We make no representation that your use of the Service will comply with applicable laws or that they were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content transmitted via the Service or endorse any opinions contained therein. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Content you submit via the Service by all means and in any media now known or hereafter developed for any use or purpose consistent with the operation and management of the Service. FEES You agree to pay any fees, surcharges and taxes (collectively, the "Fees") applicable to your access to and use of the Service. Although commercially reasonable efforts and measures have been taken to ensure the security of your credit card information submitted to us in connection with purchases made by you or on your behalf via the Service, you acknowledge and agree that we cannot and do not guarantee that any such information is completely secure from theft, misuse or unauthorized disclosure to and by third parties and accordingly, we shall not be liable for any losses and damages incurred by you in connection therewith. We reserve the right to increase current Fees or to institute new Fees at any time by notifying you via electronic mail or by posting the changes on the Site. Any additional information, products and services not specifically contemplated hereunder or on the Site as part of the Service including, without limitation, the provision of space and display booths for employers at ASCO's annual career fair may be subject to additional fees and charges and require such employers to be bound by and comply with additional terms and conditions. INTELLECTUAL PROPERTY The items made available via the Service, including, without limitation, all text, graphics, images, logos, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same, excluding the Content you transmit via Service (the "Material"), are owned by or licensed to us or our third party partners, employers or job seekers. You have no rights in or to such Material and you will not use any Material, except as specifically permitted under this Agreement. Unless we give you written permission, you may only use and access, download and copy the Material (and print a single copy) for your personal use, and you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the Material. Your reliance upon Material through the Service is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement with respect to such Material are reserved to us. LINKS The Service and any Content or Material contained therein may provide links to other World Wide Web sites or resources ("Third Party Sites"). Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are liable for any Content, advertising, products, services or other materials made available via Third Party Sites. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, advertising, products, services or other materials. COPYRIGHT COMPLAINTS ASCO respects the intellectual property rights of others. ASCO may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. If you believe that your work has been copied in a manner that constitutes copyright infringement, please provide ASCO's copyright agent with the information specified below. Please note that this procedure is exclusively for notifying ASCO that your copyrighted material has been infringed. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed upon; A description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ASCO's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Frances Kuecker, American Society of Clinical Oncology, 330 John Carlyle Street, Suite 300, Alexandria, VA 22314, Phone number 703-519-1435, E-mail kueckerf@asco.org DISCLAIMER OF WARRANTY THE SERVICE IS PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE OR YOUR ACCESS TO OR USE THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATIERAL, CONTENT, PRODUCTS OR SERVICES OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT ANY RESUME OR JOB POSTING WILL BE VIEWED BY ANY SPECIFIC NUMBER OF USERS (OR THAT THEY WILL BE VIEWED BY ANY USERS), THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ASCO, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT ASCO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. INDEMNIFICATION You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Service, and/or (c) the use of the Service by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. TERMINATION We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service. Upon the effective date of any such termination, your right to use the Service shall immediately cease. GOVERNING LAW AND INTERPRETATION This Agreement and your use of the Service, will be interpreted under and governed by the substantive laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules. You agree that exclusive jurisdiction and venue of any dispute with or its licensors, or any of their respective affiliates, officers, directors, employees, contractors, agents, representatives or suppliers, arising out of or in any way relating to this Agreement shall reside in the federal and state courts sitting in the Commonwealth of Virginia. You expressly consent to the exercise of personal jurisdiction by such courts and agree that you will not object to jurisdiction of or venue in such courts on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. The parties hereby agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act ("UCITA"). This Agreement may not be modified by anyone except in writing signed by an authorized officer of ASCO. No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement. You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination. I have read and agree to the Terms and Conditions

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