Terms and Conditions
Updated September 1, 2014
The Terms and Conditions set forth in this document apply to all visitors ("you" or "user") to the Vascular Education and Self-Assessment Program website ("VESAP Site") and constitute a binding, legal agreement ("Agreement") between you and the Society for Vascular Surgery ("SVS"), and its agents and assigns, including, Surgisphere Corporation ("Surgisphere”). These Terms and Conditions governs your use of the VESAP Site. Please read the entirety of the Terms and Conditions carefully.
You are permitted to create a single, personal user account on this Site by completing the registration process. You are required to keep your username and password private and to prevent the use of your account by anyone other than yourself. Attempting to use your user account to contact other members of this Site, displaying profane or inappropriate messages, disparaging or discrediting SVS, posting illegal or restricted information, taking part in unprofessional conduct, using this Site excessively or from more than one computer, or other actions that we may deem to be inappropriate may result in suspension or cancellation of your account without refund. Special institutional accounts are required if more than one person will be using this material in any form.
THIS SITE AND ALL OF ITS RELATED CONTENTS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. SVS AND SURGISPHERE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPLICIT OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER SVS NOR SURGISPHERE, THEIR RESPECTIVE EXECUTIVES, OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONSULTANTS, OR ANY AUTHORIZED REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES ARISING OUT OF THE USE OR PERFORMANCE OF THIS SITE, OR THE CONTENTS OF THIS SITE AND ASSOCIATED PRODUCTS. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY APPLYING TO ALL KINDS OF DAMAGES OF ANY KIND, AND INCLUDES WITHOUT LIMITATION ALL DIRECT, INDIRECT, CONSEQUENTIAL, COMPENSATORY, LOSS OF OR DAMAGE TO PERSON OR PROPERTY. THE USER IS HEREBY NOTIFIED THAT TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS MAY BE PRESENT. THE CONTENTS OF THIS SITE SHOULD NOT BE CONSTRUED AS MEDICAL ADVICE AND A QUALIFIED PRACTITIONER SHOULD BE CONSULTED BEFORE STARTING, MODIFYING, OR ENDING ANY CLINICAL INTERVENTION. THE MAXIMUM LIABILITY OF SVS OR SURGISPHERE SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. BY CREATING AN ACCOUNT ON THIS SITE, YOU UNDERSTAND THAT A THIRD PARTY MAY BE ABLE TO MONITOR YOUR ACCESS, PERFORMANCE DATA, ACTIVITY REPORTS, AND PERSONALLY IDENTIFYING INFORMATION. IF YOUR ACCOUNT IS CREATED FOR YOU AS PART OF AN INSTITUTIONAL MEMBERSHIP, YOU CONSENT TO SUCH MONITORING AND DATA COLLECTION AND UNDERSTAND THAT YOUR PROGRAM DIRECTOR AND HIS/HER DELEGATES WILL HAVE ACCESS TO THIS INFORMATION.
Waiver, Covenant Not To Sue
This is a legally binding Release, Waiver, Discharge and Covenant Not to Sue (collectively, "Release"), made voluntarily by you, on your own behalf, and on behalf of your heirs, executors, administrators, legal representatives and assigns (hereinafter collectively, "Releasor," or "you", which terms shall also include Releasor's parents or guardian, if Releasor is under 18 years of age) to SVS and Surgisphere.
As the Releasor, you fully recognize that neither SVS or Surgisphere requires you to participate or utilize this Site. With informed consent, and for valuable consideration received, including assistance provided by SVS and Surgisphere, as the Releasor, you agree to assume and take on yourself all of the risks and responsibilities in any way arising from or associated with the Site and the materials contained on the Site, and you release each of SVS and Surgisphere and each of their respective affiliates, divisions, departments and other units, committees and groups, governing boards, officers, directors, principals, trustees, legal representatives, members, owners, employees, student volunteers, agents, administrators, assigns, and contractors (collectively "Releasees"), from any and all claims, demands, suits, judgments, damages, actions and liabilities of every name and nature whatsoever, whenever occurring, whether known or unknown, contingent or fixed, at law or in equity, that you may suffer at any time arising from or in connection with the review course, the Site, and the materials contained on the Site, including any injury or harm to others (collectively, "Liabilities"), and you agree to defend, indemnify, and save Releasees harmless from and against any and all Liabilities.
As the Releasor, you recognize that this Release means you are giving up, among other things, all rights to sue Releasees for injuries, damages or losses you may incur. You also understand that this Release binds my heirs, executors, administrators, legal representatives and assigns, as well as yourself. You agree that this Release shall be governed for all purposes by Illinois law, without regard to such law on choice of law.
You have read this entire Release. You fully understand the entire Release and acknowledge that you have had the opportunity to review this Release with an attorney of your choosing if you so desire, and you agree to be legally bound by the Release.
VESAP, SVS, VascularWeb, the VascularWeb logo, and the VESAP logo are trademarks owned by SVS. SURGISPHERE, CLINICALREVIEW, the Surgisphere logo, and the Clinical Review logo are trademarks owned by Surgisphere. Other trademarks on the VESAP Site are owned by SVS. You may not use any of these trademarks in any manner whatsoever, including on the products or services of others, in a way that creates confusion regarding the source or sponsor of a product, and in any disparaging or discrediting manner. These trademarks may not be reproduced in print or electronic media, including forum or bulletin board systems.
Single Copy License
The contents of this Site are copyrighted and owned by SVS - unauthorized access or use is a copyright, trademark, and legal violation. You may store a single copy of the information found on this Site on a single personal computer for non-commercial, internal use. This is a license only, not a transfer of title. You may not modify or reverse engineer this content, remove any copyright notices, transfer the content to another person, repackage, or resell the information in any way, shape, or form. This Site and its contents are protected by worldwide copyright laws and provisions.
You may link to the VESAP home page (www.SVSVESAP.com) so long as the link does not cast us in a false, misleading, or disparaging light. You may not frame the content on this Site. Any other links or means to circumvent our copy protection and limited access areas of the website are strictly prohibited.
We are concerned with the security of your personal data and therefore restrict unauthorized access through protective policies, technical measures, monitoring, and procedures. We also use standard security protocols and mechanisms to transmit sensitive information such as credit card details. Even with this technology, breakthroughs or lapses may occur. If we become aware of such an instance, we will make all reasonable attempts to contact you with the best information available.
These Terms and Conditions shall be governed by the laws and regulations of the State of Illinois. With your purchase, you agree to submit to the exclusive jurisdiction of the courts of the State of Illinois and waive any objections to such courts.
If any part of these Terms and Conditions are suspended or canceled, the Disclaimer shall survive any such termination.