You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, or harassing, or causes duress, distress, or discomfort to another, or is otherwise objectionable to the Foundation or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone’s intellectual property rights; (d) 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; (e) is a form of advertising not approved in advance in writing by the Foundation; or (f) is injurious to the interests of the Foundation or other uses of the Website. Except where expressly stated to the contrary, the Foundation reserves the right to edit or remove any Content from the Website at any time, at its sole discretion.

You expressly agree that the Foundation has no responsibility or control over the Content that You upload, post or otherwise transmit via the Website. The Foundation makes no representation that Your use of the Website will comply with applicable laws or that they were designed to comply with applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality or reliability of any of the Content posted, displayed, linked to or otherwise transmitted via the Website. We also do not endorse any opinions expressed in or through any such Content. 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 the Content.

6.  Property Rights

The Website, including without limitation all Content and all intellectual property rights in and to the same, are owned by or licensed to the Foundation or our third-party partners. Except as expressly authorized by the Foundation or by third party Content providers, You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any software the Foundation discloses to You, and You must not remove or modify any copyright or trademark notice, or other notice of ownership.

The Foundation does not claim ownership of the Content that You place on the Website and shall have no obligation of any kind with respect to such Content. Any Content that You provide in connection with this Website shall be deemed to be provided on a non-confidential basis. The Foundation shall be free to use reproduce, modify, publish and/or disseminate such Content on an unrestricted basis for any purpose, and You grant the Foundation and all other users of the Website an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive license to use, reproduce, modify, distribute, transmit, display, perform, adapt, resell, and publish such Content (including in digital form). You represent and warrant that You have proper authorization for the worldwide transfer and processing among the Foundation, its affiliates, and third-party providers of any information or content that You may provide to the Foundation through the Website.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You may not do or allow anyone else to do anything with the Content which is not specifically permitted under the Terms. Permission is granted to display, copy, distribute, and download Content owned by ASCO on this Website provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for informational and educational use and is not for endorsing, sponsoring, or showing affiliation with any product or service; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if You breach any of the terms or conditions in this Agreement. Upon termination, You must immediately destroy any downloaded and/or printed Content.

News services may use the materials posted in the Photo Gallery solely for the purpose of disseminating information and other reporting purposes but may not use the materials posted in the Photo Gallery to endorse, sponsor, or show affiliation with any product or service.

“Foundation Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, and other designations the Foundation uses in connection with its products and services. You may not remove or alter any Foundation Trademarks, or co-brand Your own products or material with Foundation Trademarks, without the Foundation’s prior written consent granted or denied at the Foundation’s sole discretion. You acknowledge the Foundation’s rights in Foundation Trademarks and agree that any use of Foundation Trademarks by You shall inure to the Foundation’s sole benefit. You agree not to incorporate any Foundation Trademarks into Your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with products, services, or information.

7. Identification of Agent for Claimed Copyright Infringement

The Foundation is committed to respecting others’ intellectual property rights, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement on the Website, please contact the Foundation’s copyright agent for notice of claims of infringement: American Society of Clinical Oncology, 330 John Carlyle Street, Suite 300, Alexandria, Virginia, phone number (703) 519-1435, e-mail with the following information.

• 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 Website, including but not limited to the URL.
• 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.

8.  Confidentiality of Foundation Information

You may obtain direct access via the Website to certain confidential information of the Foundation and certain third-parties that should reasonably be understood as confidential (“Confidential Information”). You must hold Confidential Information in strict confidence. Title to Confidential Information remains with the Foundation and any third-party providers of Confidential Information. Upon termination of the Terms or the Foundation’s written request, You must cease use of Confidential Information and return or destroy it.

The Terms impose no obligation upon You with respect to Confidential Information that You can establish by legally sufficient evidence: (a) You possessed prior to Your receipt from the Foundation, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by You, or otherwise without violation of the Terms; (c) You obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; or (d) You independently developed without the use of Confidential Information and without the participation of individuals who have had access to it. In addition, if, in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms You are required to disclose Confidential Information, then You may do so, but only to the minimum extent required and only after prior notice to the Foundation adequate to afford the Foundation the opportunity to object to the disclosure.

9.  Indemnity

You agree to defend, indemnify and hold the Foundation and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from 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, demand, or action based upon Your Content, Your use of or connection to the Website (including any use by You on behalf of Your employer and any use by third parties under Your accounts), Your violation of the Terms, or Your violation of any rights of another. 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 out 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.

10.  Advertisements and Promotions

The Foundation may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than the Foundation found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. The Foundation is not responsible or liable for any loss or damage of any sort arising from or relating to any such dealings or as the result of the presence of such non-Foundation advertisers on the Website.

11.  Content Provided Via Links

You may find links to other Internet sites or resources on the Website and portions of the Website may identify specific medical professionals by name, address, or affiliation. You acknowledge and agree that (a) the Foundation is not responsible for the availability of such external sites or resources, (b) all links and identifications are provided solely for Your convenience and for other informational purposes, and (c) the Foundation does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites, resources, or medical professionals or their affiliations. Without limiting the foregoing, the Foundation will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource or from identified medical professionals or their affiliations.

12.  Human Use Restriction

The Website is published solely for direct access by human users. ‘Spiders’, ‘crawlers’, ‘bots’ and all other automated software or hardware devices designed to access and ‘read’ or otherwise analyze the Website independently are prohibited and You agree not to access or use the Website by such means.

13.  Disclaimer of Warranties

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE WEBSITE, INCLUDING ALL SERVICES AND CONTENT (AS DEFINED IN SECTION 1) IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. The Foundation DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE FOUNDATION MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF THE WEBSITE.

THE FOUNDATION MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

14.  Limitation of Liability

TO THE FULL EXTENT PERMITTED BY LAW, THE FOUNDATION IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, EVEN IF the Foundation HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE WEBSITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR DISTRIBUTE.

To the extent that any jurisdiction does not allow the exclusion or limitation of direct, incidental or consequential damages, portions of the above limitation or exclusion may not apply.

In the event You have any dispute with one or more third parties as a result of Your use of the Website, or are in any way damaged as a result of any third party in connection therewith, 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.

15.  The Foundation’s Privacy Policy

You consent to the collection, processing and storage by the Foundation of personal information about You in accordance with the terms of the Foundation's Privacy Policy. You agree to comply with all applicable laws and regulations, and the terms of the Foundation’s Privacy Policy, with respect to any access, use, and/or submission by You of any personal information in connection with the Website.

16.  General Terms

You and the Foundation hereby agree to opt out from and expressly exclude any applicability of the Uniform Information Transactions Act (UCITA). Services, Content, and product derived or obtained from this Website may be subject to the U.S. export laws and the export or import laws of other countries. You agree to comply strictly with all such laws and, in particular, shall: (a) obtain any export, reexport, or import authorizations required by U.S. or Your local laws; (b) not use services, Content, or direct product from this Website to design, develop or produce missile, chemical/biological, or nuclear weaponry; and (c) not provide Services, Content, or direct product from this Website to prohibited countries and entities identified in the U.S. export regulations.

The Terms constitute the entire agreement between You and the Foundation relating to their subject matter, and cancel and supersede any prior versions of the Terms. No modification to the Terms will be binding, unless in writing and signed by an authorized the Foundation representative. You may not assign, sublicense, delegate or otherwise transfer the Terms or any right granted hereunder.

Rights and obligations under the Terms which by their nature should survive will remain in full effect after termination or expiration of the Terms, including without limitation those of Sections 3, 5, 8, 9, 12, 13, and 14.

You agree that any material breach of Sections 5, 6, 7, and 11 of the Terms will result in irreparable harm to the Foundation for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, the Foundation will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if the Foundation seeks such an injunction.

Any express waiver or failure to exercise promptly any right under the Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of the Terms is held invalid by any law or regulation of any government, or by any court or arbitrator, the parties agree that such provision will be replaced with a new provision that accomplishes the original business purpose, and the other provisions of the Terms will remain in full force and effect.

You may send Your questions regarding the Website’s services to:

The ASCO Foundation
1900 Duke Street, Suite 200
Alexandria, VA 22303
Telephone:(703) 299-0150
Facsimile:(703) 299-1044
E-mail:

The Terms shall for all purposes be governed, interpreted, construed, and enforced solely and exclusively in accordance with the law of the Commonwealth of Virginia, without regard to conflicts of law provisions thereof. You agree that exclusive jurisdiction and venue of any dispute with the Foundation 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 the Terms or Your use of or inability to use the Website, Services, or Content 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.

17.  State Fundraising Notices

Although the Foundation’s financial report is available to anyone requesting a copy, certain States require it to advise you that a copy of its financial report is available from them.

The Foundation is a Virginia not-for-profit corporation which is a 501(c)(3) public charity dedicated to supporting the education and research mission of The American Society of Clinical Oncology worldwide, by funding initiatives in the following.

• Quality cancer care and prevention
• Career development
• Patient education