Last updated on February 20, 2007.
Introduction. By accessing The CHEST Foundation (“Foundation”) Web site, you agree to be bound by the terms and conditions below, whether or not you are a Foundation donor. Please read the terms and conditions carefully. If you do not wish to be bound by these rules, you may not access or use this site.
Personal Use Only. All materials posted on this Web site are subject to copyrights owned by the Foundation or its supported organization, the American College of Chest Physicians (“ACCP”), and other entities or individuals. Except where broader use is expressly authorized on this Web site, you agree not to share postings on this Web site with anyone.
The Foundation and the ACCP hereby grant you a limited license to reproduce, retransmit, and reprint only for your own personal use (except where broader use is expressly authorized on this Web site), part or all of any materials on this Web site with respect to which the Foundation or the ACCP is the copyright owner, as long as the copyright notice contained in such materials or portion thereof is included in such reproduction, retransmission, or reprinting.
All rights not expressly granted in this section are reserved. You may not reproduce, sell, publish, distribute, modify, display, repost, or otherwise use any portion of any materials found on this Web site in any other way or for any other purpose, unless the Foundation, the ACCP, or the other copyright owner identified in the document has expressly granted prior written consent to such use. Requests regarding use of the content for any purpose other than personal, noncommercial use should be in writing, directed to the ACCP’s General Counsel.
No Medical Advice. The information posted on this Web site by the Foundation, the ACCP, or any third party should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. As a matter of policy, the Foundation and the ACCP do not answer specific medical questions or refer people to a particular medical professional.
Online Conduct. You must use this Web site only for lawful purposes and are prohibited from posting any unlawful, harmful, threatening, anti-competitive, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Solely by way of example, you may not post any information or other material protected by copyright without the permission of the copyright owner. By posting material, the posting party warrants and represents that it owns the copyright with respect to such material or has received permission from the copyright owners to use it in such manner. By posting communications, the posting party grants to the Foundation a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, translate, distribute, perform, and display those communications alone or as part of other works in any form, media, or technology, whether known or hereafter developed and sublicense such rights through multiple tiers of sublicenses. The posting party further agrees to grant other users of this Web site the right to access, view, store, and reproduce the communications for personal use.
Also solely by way of example, you may not post any anticompetitive information or material, such as information or material regarding specific prices or fees charged or paid. You also should not post any information or material concerning discounts or terms or conditions of sale or service either obtained by or offered to another person or entity.
The Foundation does not actively monitor this Web site for inappropriate or objectionable postings and does not undertake editorial control of postings. However, in the event that any inappropriate posting is brought to our attention, we reserve the right, but have no obligation to, review and remove such postings that we consider to be inappropriate, defamatory, or otherwise objectionable.
The Foundation may terminate your access to this Web site immediately and without prior notice and bar you from further use of this Web site, if you violate these “online conduct” provisions or any other provision of the CHEST Foundation Web Site Terms of Use.
Third Party Content. On some areas of this Web site, the Foundation is a distributor only, and not a publisher, of messages and other content supplied by members, visitors, and other third parties. Any opinions, advice, statements, services, or other information or content made available by members, visitors, and other third parties are those of the respective author(s). The Foundation and the ACCP cannot and do not endorse it in any way, nor do they vouch for its accuracy or usefulness. The Foundation and the ACCP disclaim all liability relating to such third party content, as described below under the heading “Disclaimer of Liability.”
No Endorsement. References to any products, services, hypertext link to third parties, or other information by trade name, trademark, supplier, or otherwise do not constitute or imply endorsement, sponsorship, or recommendation by the Foundation or the ACCP.
Errors. Information on this Web site may include technical inaccuracies or typographic errors.
Information Subject To Change. Information on this Web site may change from time to time without any notice.
Security. The Foundation takes precautions, including use of sophisticated encryption and authentication tools, to protect the security of personal information that you share with us. In addition, many areas of this Web site require the use of a user ID (or e-mail address) and password as an additional security measure that helps protect your information. Unfortunately, however, no data transmission over the Internet can be guaranteed to be 100% secure, and the browser software you are using might “cache” a page as you look at it, meaning that some pages are saved on your computer’s temporary memory even after you “log out” to end a secure session. As a result, while the Foundation strives to protect your personal information, the Foundation cannot guarantee or warrant the security of any information you transmit to or from this Web site, and you do so at your own risk. For more information regarding online privacy, please refer to the Foundation’s Privacy Policy posted on this Web site.
The Foundation monitors this Web site to ensure proper operation and to verify the functioning of applicable security features. By using this Web site, you expressly consent to such monitoring. Unauthorized attempts to modify any information stored on this Web site, to defeat or circumvent security features, or to utilize the site for other than its intended purposes are prohibited and may result in criminal prosecution.
No Warranties. This Web site is provided on an "as is," "as available" basis without warranties of any kind, express, implied or statutory, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT, or any warranty arising from a course of dealing, usage, or trade practice.
The Foundation does not warrant that its services and system will be uninterrupted, error free, free from unauthorized intrusion, or that the Foundation’s services or system will meet any particular criteria of performance or quality; nor does the Foundation make any warranty as to the results or information obtained from use of its service or system or the Internet, in general.
No oral advice or written information provided by the Foundation, the ACCP, or any third party shall create a warranty; nor shall you rely on any such information or advice. Reference in this Web site to any specific commercial products, processes, or services, or the use of any trade, firm, or corporation name is for the information and convenience of the public and does not constitute endorsement or recommendation by the Foundation or the ACCP.
Disclaimer of Liability. You assume all responsibility and risk associated with your use of this Web site. Under no circumstances whatsoever, including negligence, and regardless of legal theory, shall the Foundation or the ACCP, any of their respective officers, regents, trustees, executive committee members, members, donors, related entities, employees, representatives, other agents, or anyone else involved in creating or maintaining this Web site be liable for any damages whatsoever (including, without limitation, DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES, or LOST PROFITS) that result from any of the following: (i) your use or inability to use this Web site and/or any other Web sites that are linked to this Web site, (ii) your reliance on any methods, products, recommendations, instructions, ideas, or other information obtained from this Web site and/or any other Web sites that are referenced or linked to this Web site, or (iii) mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction, or unauthorized access to this Web site or contamination of your computer system or information. In states that do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
THESE CHEST FOUNDATION WEB SITE TERMS OF USE MAY BE CHANGED AT ANY TIME WITHOUT NOTICE.