Disclaimer

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

By using this site, you are deemed to have agreed to these terms and conditions of use. The ASCME Web site (this “Web site” or the
“ASCME Web site”) is for your and others’ personal, noncommercial enjoyment, subject to the terms of these terms and conditions of use
and all modifications thereto (“Terms and Conditions”). ASCME may change the Terms and Conditions from time to time and at any time,
and without actual notice to you. You should check these Terms and Conditions periodically for changes. By using this Web site after we
post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If at any
time you choose not to accept these Terms and Conditions, please do not use this Web site.

THIS WEB SITE IS NOT A SUBSTITUTE FOR MEDICAL ATTENTION

This Web site, including any and all information, product information, data, text, music, sound, photographs, graphics, video, messages
or other materials (“Content”) that may appear thereon, is intended for general educational and informational purposes only and is not
intended to be used to make medical or health-related decisions.

Physicians - The Content on this Web site is not a substitute for professional judgment in diagnosing and treating patients. ASCME does not give medical advice, nor does it provide medical or diagnostic services. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.

Patients - The information on this Web site is not a substitute for, nor does it supersede professional medical advice. If you are seeking medical advice, you should consult a physician or a qualified health provider. Never hesitate in seeking medical attention based on any Content you may view on this Web site. Your reliance upon Content obtained by you at or through this Web site is solely at your own risk.

USER CONDUCT

ASCME grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials thereon, provided that you comply with these Terms and Conditions. By posting Content in or accessing and using any communications service, message board, newsgroup, or other interactive service available to you on or through this Web site, you agree that you are the sole person responsible for your own communications and the consequences of posting your communications; you, and not ASCME, are entirely responsible for the accuracy, completeness and ownership of all Content that you upload, post, e-mail or otherwise transmit via this Web site.

Notwithstanding the foregoing, by using this Web site you agree to not use this Web site to:

• Upload, post, email or otherwise transmit any Content that is unlawful, harmful, tortious, defamatory, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, or hateful;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through this Web site;
• Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Upload, post, email or otherwise transmit any promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity;
• Harvest, collect or store information about the users of this Web site; or
• Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to all export rules and regulations.

You acknowledge and agree that ASCME may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these Terms and Conditions;
(c) respond to claims that any Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of ASCME, its users and the public.

REGISTERED USERS

ASCME reserves the right, in its sole discretion, to limit certain areas of this Web site to registered users, and require use of a password to access these areas. You agree to
(1) maintain the confidentiality of your password,
(2) prevent other users from using your password, and
(3) notify us of any unauthorized use of your password.

MONITORING CONTENT

You agree that ASCME has the right, but not the obligation, to monitor Content posted on this Web site at any time for any reason in its sole discretion to determine compliance with these Terms and Conditions and any other operating rules that ASCME may establish from time to time. Notwithstanding this right of ASCME, ASCME does not and cannot review all Content, and ASCME is not responsible for any Content on this Web site. ASCME reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Content as may be necessary to comply with any law, regulation or government or agency request (including, but not limited to patient-physician confidentiality requests) or if, in ASCME’s sole discretion, such Content is objectionable or in violation of these Terms and Conditions.

Any or all postings on this Web site may be purged periodically at ASCME’s sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by ASCME or its third party suppliers, or Content that is submitted to ASCME. You further acknowledge and agree that the views expressed on this Web site do not necessarily reflect the views of ASCME, and ASCME does not support or endorse any statements, opinions, Content or otherwise posted on this Web site.

The views expressed on this Web site are those of the authors. ASCME is not responsible for the accuracy, appropriateness, reliability, timeliness or usefulness of any statements, opinions or the Content on this Web site.

RESTRICTIONS ON USE OF MATERIAL

ASCME owns, controls, licenses or has the right to use and provide this Web site and all material on this Web site, including, without limitation, all Content. This Web site is protected by copyright as a collective work and/or compilation, pursuant to copyright laws. ASCME is the owner of the copyright in the entire Web site and owns a copyright in the selection, coordination, arrangement and enhancement of this Web site. You agree to abide by any and all copyright notices, information or restrictions displayed on this Web site.

You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit this Web site or any portion thereof for any public or commercial use without the express written permission of ASCME. You may download one (1) copy of Content from this Web site, or multiple copies of “Factoids” for your personal use only, provided that you maintain all copyright and other notices contained in such Content, including, without limitation, trademarks and service marks of ASCME and its third party suppliers or the copyright holder identified in the individual Content’s copyright notice. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content. If, with permission, you copy, redistribute or publish material from this Web site, you shall not change or delete any author attribution, trademark, legend or copyright notice.

UNSOLICITED MATERIALS

In operating this Web site, ASCME does not solicit nor does it wish to receive any confidential, secret or proprietary information. Any information or material submitted or sent to ASCME will be deemed not to be confidential or secret. By submitting or sending information or other material to ASCME you represent and warrant that the information is original to you and that no other party has any rights to the material, including but not limited to, intellectual property rights.

USER’S GRANT OF LIMITED LICENSE

By submitting or sending information or other material to ASCME you grant ASCME the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, sub-license and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

LINKED SITES

This Web site contains links to and advertisements for other sites on the Internet that are owned and operated by third parties (“Linked Sites”). ASCME is not responsible for the content, availability, products, policies or practices, including but not limited to any privacy policy, of any Linked Site, any site that links to ASCME or of any sponsor, partner or advertiser who advertises on ASCME. Additionally, links to and from Linked Sites do not constitute any endorsement by ASCME or its third party suppliers of such Linked Sites or the materials contained therein. Links do not imply that ASCME is affiliated or associated with such sites. In no event shall ASCME be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the use of any Linked Site or the information or material accessed through a Linked Site.

It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. You should direct any concerns to that site’s administrator or webmaster. ASCME reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the ASCME Web site and/or introduce different features or links to different users.

PRIVACY POLICY

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our privacy policy.

WARRANTIES

When you access and use ASCME, you must understand and agree that:

  1. You access or use this website at your sole risk. The service is provided on an “as is” and “as available” basis. ASCME and its employees expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 

  1. ASCME and their employees make no warranty that
    (a) The service will meet your requirements,
    (b) The service will be uninterrupted, timely, secure, or error-free,
    (c) The service will be accessible at any time or at all times via the channel selected or used by you,
    (d) The content/information contained on the service, or the results that may be obtained from the use of the service, will be accurate or reliable,
    (e) The quality of the content/information on the web site will meet your expectations
    (f) Any errors in the software will be corrected.

 

  1. You will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that may result from the use of this service.

 

  1. Any reliance upon or use of any information shall be at your own discretion and risk. We reserve the right, in our sole discretion and without any obligation, to make any improvements to or correct any error or omissions in any part of the service.

 

  1. No advice or information, whether oral or written, obtained by you from ASCME, or from the service shall create any warranty not expressly stated in the TOS.
  2. ASCME shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ASCME has been advised of the possibility of such damages), resulting from:
    (a) The service and the content/information contained within;
    (b) The use or the inability to use the service;
    (c) Unauthorized access to or alteration of your information or data;
    (d) Statements or conduct of any third party on the service;
    (e) Any messages sent or received using the service; or
    (f) Any other matter relating to the service.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

Submissions will remain the intellectual property of the entrants. But by submitting any information, you give ASCME the permission to use your information, without acknowledgement or payment to you, in their websites, as part of Press Releases (where they may be reproduced by media organisations), and in any other material intended to promote ASCME, including advertisements. The decisions of the organisers are final and binding, and no correspondence will be entertained regarding their decisions.

ASCME respects the intellectual property of others, and we ask our users to do the same. You should assume that the content/information you see or read on the website is copyrighted/ protected by intellectual property laws unless otherwise noted and may not be used without prior and explicit permission from the person who submitted the content/information. ASCME neither warrants nor represents that your use of materials displayed on the website will not infringe patent, copyright or any intellectual property rights or any other rights of third parties. ASCME may in appropriate circumstances and at its discretion, bar users who infringe the intellectual property rights of others.

ASCME has been created only to provide hosting for content/information generated by users of this site. It does not endorse the views expressed by anyone who has posted an content or opinion on this site.

ASCME does not and cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.

LIMITATION OF LIABILITY

Under no circumstances, including but not limited to negligence, shall ASCME, its employees and directors, its suppliers and its third party Advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this website, with the delay or inability to use this website or any links or items on the website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or other wise, or for cost of procurement of substitute goods and repair and correction services or resulting from the use of this website or obtained or messages received or transactions entered into through or from the website or resulting from unauthorized access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.

You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the website, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the website.

MODIFICATIONS OF TERMS OF SERVICE

ASCME reserves the right at any time and from time to time to unilaterally modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice, for any reason whatsoever, whether generally or limited to you only. You agree that we shall not be liable in any way to you or to any third party for any modification, suspension or discontinuance of the website.

Notices to you may be made via email and/or will be published on ASCME, at our sole discretion. You agree that such notices will constitute sufficient and adequate notice to you of the matters contained therein.

GENERAL INFORMATION

You acknowledge that the disclaimers and exclusions of liability set forth in these Terms of Service represent a fair and reasonable allocation of the risks and benefits of the agreement between you and us, taking all relevant factors into consideration, including without limitation the value of the consideration provided by you to us and the availability and costs of insurance with respect to the said risks. You further agree that these disclaimers and limitations shall be enforceable to the fullest extent permitted by applicable law.

The TOS constitute the entire agreement between you and ASCME and govern your use of the service, superseding any prior understandings and agreements between you and us and any previous statements or representations from either party to the other party. The TOS do not apply to any affiliate services, third-party content or third-party software that does not or cannot reasonably be deemed to form part of the service which may be provided to you by our licensors, suppliers, vendors, parent, holding, subsidiary or related companies, other affiliates or other third parties, which may be subject to additional terms and conditions imposed by that party. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

Governing Law and Jurisdiction: The TOS and the relationship between you and ASCME shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and ASCME agree to submit to the personal and exclusive jurisdiction of the courts located at Mumbai, India.

Waiver and Severability of Terms: The failure of ASCME to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

CONTACTING THE WEBSITE

If you have any questions about these terms of service, the practices of this site, or your dealings with this Web site, please don’t hesitate to contact us at enquiries@asiansocietyofcme.org