Last Revised: September 17, 2021
BY VISITING THE WEBSITE OR ACCESSING OR USING THE SERVICES INCLUDING BY DOWNLOADING OR POSTING ANY CONTENT FROM OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND BRACCO. YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR COLLECTIVE CONTENT UNLESS YOU AGREE TO THESE TERMS. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” extends beyond you to also refer and apply to that company or other legal entity.
1. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, software, information, messages or other materials.
“Collective Content” means, collectively, Bracco Content and Registered User Content. Certain areas of the Website (and your access to or use of certain Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Website, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Website, Services, or Collective Content. Unless explicitly stated otherwise, any new features that augment or enhance the current Services in future shall be subject to these Terms; they will be posted to the Website as available and you are deemed to have accepted them.
“Bracco Content” means Content that we make available through the Services including any Content licensed from a third party, but excluding Registered User Content.
“Paging” means Bracco’s feature which allows Users to contact a specific specialty of Verified Users with whom they can share a particular case, while concurrently sharing it with all Registered Users.
“Registered User” and “you” means a person that completes Bracco’s account registration process, as described in the “Account Registration” section below.
“Registered User Content” means Content a Registered User posts, uploads, publishes, submits, or transmits to be made available through the Services.
“Verified User” means a Registered User who has been verified to be a licensed healthcare professional or student in a recognized healthcare program. Bracco has the discretion to verify inactive or retired healthcare professionals.
Bracco reserves the right, at its sole discretion, to modify, discontinue or terminate the Services (or any aspect thereof) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification via the Website or provide you with notice of the modification. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you agree to discontinue use of the Website and Services immediately.
3. ACCOUNT REGISTRATION; CONDITIONS ON ACCESS AND USE OF SERVICES
Access to and use of the Services is limited to individuals who are at least 18 years of age. The Services are available worldwide but currently not for the following countries: Cuba, Syria, Sudan, Libya, Iran, Myanmar and North Korea.
3.3 COMPLIANCE WITH LAWS.
You are responsible for ensuring that your use of the Services complies with the laws of your country of residence and you assume the risks (including indemnity under Section 13) attendant to the use of the Services and the use of any materials that you provide. You must register to create an account (“Account”) and become a “Registered User” to use the Services.
To register, you must provide your first and last name, a username, your email address, password, your medical specialty, name of your institution, areas of interest, verification details and other information specified in the registration form (“Registration Data”). You represent and warrant: (i) the Registration Data that you provide about yourself is true, accurate, current, and complete; (ii) you are at least 18 years of age; and (iii) you will maintain and promptly update the Registration Data to keep it at all times true, accurate, current, and complete. You authorize Bracco, in its sole discretion to confirm the truthfulness and accuracy of the Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Bracco has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bracco has the right to suspend or terminate your Account and refuse any and all current or future use of the Services. You also authorize Bracco to access your contact list and/or address book on your device at your direction in order to allow you to share information and images with specific contacts you choose, connect with your colleagues, or to allow you to invite specific contacts you choose to use the Services. If your invitee is a resident of any country that has anti-spam laws or privacy laws requiring consent from users in place, including but not limited to Argentina, Australia, Belarus, Brazil, Chile, Costa Rica, Iceland, Ireland, Israel, Japan, Mexico, New Zealand, Norway, Peru, South Africa, Turkey, the United Kingdom, Venezuela or any part of the European Economic Area, you must obtain their prior consent to use their e-mail address to share information or images or issue an invitation to use the Services.
Use of the Services is void where prohibited by law or otherwise. By using the Services, you represent and warrant that you have the right, authority, and capacity to agree to and abide by these Terms and that you are not prohibited from using the Services. You understand that your use of the Services may involve or require the transmission of significant amounts of data. You are solely responsible for all data charges that may be charged by your wireless carrier or internet service provider or that may otherwise arise from your use of the Services.
3.5 SUBSCRIPTION/USAGE FEES.
Bracco does not currently charge fees for the use of the Services. However, you acknowledge and agree that Bracco reserves the right, in its sole discretion, to charge you for and collect fees from you for the use of the Services and to send and receive communications. Bracco will provide notice of any fee collection via the Services prior to implementing such a fee, and you will have a choice at that time to continue to use the Services or not. If you choose not to pay, Bracco, reserves the right to immediately terminate your access to the Services.
The Services are designed to require users to provide a valid, working e-mail address and password to access and use the Website, Services, and Collective Content and you (1) consent to receive communications from Bracco in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Bracco provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Upon registering, you will select a password. Your email address and the password and codes assigned to you are, collectively, your “User Information.” You are solely responsible for (1) maintaining the strict confidentiality of your User Information, (2) not allowing another person to use your User Information to access the Services, (3) any and all damages or losses that may be incurred or suffered as a result of any activities that occur under your User Information. You agree to immediately notify Bracco in writing by email of any unauthorized use of your User Information or any other breach of security. Bracco is not and shall not be liable for any harm arising from or relating to the theft of your User Information, your disclosure of your User Information, or the use of your User Information by another person or entity. Any attempt to obtain unauthorized access or to exceed authorized access to the Website, Services, or Collective Content shall be considered a trespass and computer fraud and abuse, punishable under national, provincial, state, and federal laws. Bracco hereby notifies you that any or all communications with this Website can and will be monitored, captured, and recorded and the communications may be transmitted to the authorities as deemed necessary by Bracco in its sole discretion and without further notice.
5.1 NOT A DIAGNOSTIC SERVICE.
THE WEBSITE IS PRIMARILY AN EDUCATIONAL TOOL AND IS NOT INTENDED TO SERVE THE FOLLOWING NEEDS: A PROVIDER OF MEDICAL SERVICES OR ADVICE, AS A DIAGNOSTIC SERVICE; AS A CONFIRMATORY SERVICE TO PROVIDE CERTAINTY IN DIAGNOSIS; TO SELECT, GUIDE, OR PROMOTE THERAPY OF MEDICAL CONDITIONS; FOR USE IN HAZARDOUS OR MISSION-CRITICAL CIRCUMSTANCES OR FOR USES REQUIRING FAIL-SAFE PERFORMANCE; OR IN SITUATIONS WHERE FAILURE COULD LEAD TO DEATH OR PERSONAL INJURY (COLLECTIVELY, “UNAUTHORIZED PURPOSES”). BECAUSE THE WEBSITE HAS NOT BEEN DESIGNED, INTENDED, OR AUTHORIZED FOR SUCH UNAUTHORIZED PURPOSES, YOU SHALL NOT USE THE WEBSITE OR SERVICES FOR SUCH PURPOSES OR UNDER SUCH CIRCUMSTANCES. YOU FURTHER ACKNOWLEDGE THAT THE USE OF BRACCO’S WEBSITE OR SERVICES FOR SUCH PURPOSES MAY CONSTITUTE A VIOLATION OF LAWS APPLICABLE TO THE PRACTICE OF MEDICINE OR OTHER HEALTH PROFESSION(S).
5.2 NO WARRANTY.
YOUR RELIANCE UPON THE CONTENT OBTAINED OR USED BY YOU THROUGH THE WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK.
5.3 PAGING FEATURE; NOT MEDICAL SERVICES.
BRACCO’S PAGING FEATURE IS TO BE USED SOLELY TO OBTAIN FEEDBACK, FOR EDUCATION AND FOR DISCUSSION. NEITHER THE USER SENDING THE PAGE NOR THE USER RESPONDING TO THE PAGE ARE INTENDING TO OR ARE PROVIDING MEDICAL SERVICES BY DOING SO. A USER USING THE PAGING FEATURE IS NOT REQUESTING AND SHALL NOT REQUEST A MEDICAL CONSULTATION OF ANY KIND; YOU ARE SOLELY REQUESTING FEEDBACK, EDUCATION, AND DISCUSSION. YOU ACKNOWLEDGE THAT YOU ARE NOT ENGAGING IN THE PRACTICE OF MEDICINE NOR REQUESTING MEDICAL SERVICES OF ANY KIND OR INTENDING TO CREATE ANY KIND OF PHYSICIAN/PATIENT RELATIONSHIP BY USING THE PAGING FEATURE AND BY RESPONDING TO OR ENGAGING IN ANY KIND OF CONVERSATION RELATED TO A PAGE. A USER RESPONDING TO A PAGE IS NOT GIVING AND SHALL NOT GIVE MEDICAL ADVICE OF ANY KIND. YOU ACKNOWLEDGE THAT BY RESPONDING TO ANOTHER USER’S PAGE AND PROVIDING INFORMATION, YOU, AS A SPECIALIST OR OTHER REGISTERED USER, ARE NOT AND SHALL NOT PROVIDE MEDICAL SERVICES, ENGAGE IN THE PRACTICE OF MEDICINE OR CREATE OR INTEND TO CREATE A PHYSICIAN/PATIENT RELATIONSHIP OR TO ACT AS A MEDICAL CONSULTANT.
6. PRIVACY AND CONTENT TERMS
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website or Services (“Feedback”). You may submit Feedback by emailing us. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
6.3 USER CONTENT TERMS.
All content generated by a Registered User, must comply with local, national, provincial, state, and federal privacy legislation and best practices. Identifying information must be removed from Registered User Content. To assist you, Bracco will make available to you its proprietary tools to help you remove direct identifiers and other common identifiers, including automatic and manual information-blocking features. In addition, you must refer to the Content Policy available here. You represent and warrant that each time you submit content you have complied with the terms therein on what identifying information should be removed from the cases.
6.4 COMMUNICATIONS DECENCY ACT.
Bracco requires that you be respectful when communicating with others through the Website and Services. Bracco is and will not be liable for any Registered User Content posted on the Service. Bracco may, but has no obligation to, monitor or review any Registered User Content on the Services. Although we may delete any content we may determine to be defamatory, we are not required to, and reserve all defenses for such Registered User Content made available by Section 230 of the Communications Decency Act, the First Amendment to the Constitution of the United States of America, and any other applicable laws, rules, and regulations.
6.5 OWNERSHIP OF CONTENT.
If you submit content to Bracco, you are authorizing Bracco to act as your agent to issue take-down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows the submission of requests to Internet Service Providers for the purpose of removing infringing or allegedly infringing materials. You will be responsible for monitoring and enforcing your copyright. If Bracco does become aware of infringement, then Bracco, at its sole discretion, may elect to issue take-down notices under the DMCA or similar legislation.
6.6 USER CONTENT WARRANTIES.
You acknowledge and agree that you are solely responsible for all Registered User Content that you make available through the Website or Services. Accordingly, you represent and warrant that you are: (i) sole and exclusive owner of all Registered User Content that you make available through the Website or Services, or (ii) you have all rights, licenses, consents and releases that are necessary to grant to Bracco the rights to such Registered User Content, as contemplated under these Terms; and (iii) neither the Registered User Content nor your posting, uploading, publication, submission, or transmittal of the Registered User Content or Bracco’s use of the Registered User Content (or any portion thereof) on, through or by means of the Website or Services will (a) infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, or (b) result in the violation of any applicable law or regulation, including, but not limited to any applicable laws, rules, or regulations relating to personal health information, personal information and privacy, the Health Insurance Portability and Accountability Act (HIPAA), the Personal Information Protection and Electronic Documents Act (PIPEDA), the Personal Health Information Protection Act (PHIPA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, the Data Protection Act 1998, the Protection of Personal Information Act 2013, the Data Protection Act of 1978, and any other applicable national, provincial, state, and federal privacy laws (collectively, the “Privacy Laws”) depending on your country or jurisdiction of access to the Website or Services. You retain the sole responsibility of your individual compliance with applicable laws.
You acknowledge and agree that some of the Website or Services may be supported by advertising revenue and may contain advertisements or promotions. If you elect to have any personal, professional or business dealings with anyone whose products or services may be advertised on the Website or Services you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Bracco shall not have any responsibility or liability for any losses or damages that you may incur as a result of such dealings.
Your representations, warranties, and obligations in this section survive termination of these Terms.
7. LICENSE TERMS
7.1 BRACCO CONTENT LICENSE GRANT.
Subject to your compliance with these Terms, Bracco grants you a limited, non-exclusive, non-transferable license to: (i) view any Bracco Content solely for your personal and non-commercial purposes; and (ii) view any Registered User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
7.2 BRACCO CONTENT LICENSE RESTRICTIONS.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website, Services, Collective Content, except as expressly permitted in these Terms or expressly permitted by applicable copyright laws. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Bracco or its licensors, except for the licenses and rights expressly granted in these Terms.
7.3 USER CONTENT LICENSE.
We may, in our sole discretion, permit Registered Users to post, upload, publish, submit, or transmit Registered User Content. By making available any Registered User Content on or through the Website or Services, you hereby grant to Bracco a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense (through several tiers), to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit such Registered User Content only on, through or by means of the Website or Services or by sublicense to partner or affiliate publications. Bracco does not claim any ownership rights in any Registered User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Registered User Content.
8. PATIENT DATA AND LEGAL COMPLIANCE
8.1 LEGAL OBLIGATIONS.
National, provincial, state, and federal laws, as well as ethical and licensure requirements of your profession and health regulatory college and licensing requirements impose obligations with respect to protection of privacy and patient confidentiality that may limit the ability of physicians, healthcare providers, and persons acting on their behalf, to make use of certain confidential Patient Information (“Patient Information”) and/or to transmit Patient Information to third parties without express consent.
8.2 COMPLIANCE REPRESENTATIONS AND WARRANTIES.
8.3 BRACCO DISCLAIMER ON PATIENT INFORMATION.
We expressly do not assume any responsibility for your use or misuse of Patient Information or other information, whether intentional or inadvertent, that is transmitted, monitored, stored or received while using the Website, Services, or Collective Content. We reserve the right to amend or delete any Collective Content (along with the right to revoke any membership or restrict access to the Website, Services, Collective Content) that we determine, in our sole discretion, violates the above. We further do not assume any responsibility to make any determinations regarding your subsequent reporting or notification obligations arising from any use or misuse of Patient Information or other information; these determinations and your actions in response to such determinations remain your sole responsibility.
Your representations, warranties, and obligations in this section survive termination of these Terms.
9. GENERAL PROHIBITIONS
You agree that you will not:
- post, upload, publish, submit, or transmit or otherwise make available any Content that includes the brand names or specific manufacturers of any pharmaceutical product or medical device;
- post, upload, publish, submit, or transmit or otherwise make available any Content that discusses the safety or efficacy of any specific pharmaceutical product or medical device;
- post, upload, publish, submit, or transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- take, post, upload, publish, transmit, or otherwise make use of any screen shots, screen captures, reproductions, drawings, photos, videos, downloads, or data of any of the cases, comments, or contributions to Bracco or any Collective Content;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
- use, display, mirror or frame the Website, or any individual element within the Website, Services, Bracco or Bracco’s names, any Bracco trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Bracco’s express written consent;
- access, tamper with, or use non-public areas of the Website, Bracco’s computer systems, or the technical delivery systems of Bracco’s providers;
- attempt to probe, scan, or test the vulnerability of any Bracco system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Bracco or any of Bracco’s providers or any other third party (including another user) to protect the Website, Services, or Collective Content;
- attempt to access or search the Website, Services, or Collective Content or download Collective Content from the Website or Services, through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scrapers, crawlers, data mining tools or the like) other than the software and/or search agents provided by Bracco or other generally available third party web browsers;
- send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation, from the Website or otherwise;
- Use any meta tags or other hidden text or metadata utilizing a Bracco trademark, logo URL, or product name without Bracco’s express written consent;
- Use the Website, Services, Collective Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Website, Services, or Collective Content to send altered, deceptive, or false source-identifying information;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website, Services, or Collective Content;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website or Services;
- collect or store any personally identifiable information from the Website or Services from other users of the Website or Services without their express permission;
- impersonate or misrepresent your affiliation with any person or entity;
- violate any applicable law or regulation, or any other rules of professional conduct; or
- encourage or enable any other individual to do any of the foregoing.
The Website or Services may contain links to third-party websites or resources, which do not form part of the Website or Services. You acknowledge and agree that Bracco is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the Content, products, or services on or available from such websites or resources for which such third party is solely responsible. Links to such websites or resources do not imply any endorsement by Bracco of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources.
11. TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, Bracco will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Bracco reserves the right to revoke your access to and use of the Website, Services, and Collective Content at any time, with or without cause. You may cancel your Account at any time by contacting us. The change will be processed within seven (7) days.
THE WEBSITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, BRACCO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. BRACCO MAKES NO WARRANTY THAT THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BRACCO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR COLLECTIVE CONTENT PURCHASED OR OBTAINED THROUGH THE WEBSITE, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE WEBSITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BRACCO OR THROUGH THE WEBSITE, OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES. YOU UNDERSTAND THAT BRACCO DOES NOT TAKE RESPONSIBILITY FOR SCREENING OR INQUIRY INTO THE BACKGROUND OF ANY USERS OF THE WEBSITE OR SERVICES, NOR DOES BRACCO VERIFY OR TAKE RESPONSIBILITY FOR THE STATEMENTS OF USERS OF THE WEBSITE OR SERVICES. BRACCO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE OR SERVICES, OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE WEBSITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE WEBSITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
You agree to defend, indemnify, and hold Bracco, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, proceedings or demands including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Website, Services, or Collective Content, or your violation of these Terms.
14. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, SERVICES, AND COLLECTIVE CONTENT REMAINS WITH YOU. NEITHER BRACCO NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE WEBSITE, SERVICES, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BRACCO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL BRACCO’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BRACCO AND YOU.
15. PROPRIETARY RIGHTS NOTICES
All trademarks, service marks, logos, trade names, and any other proprietary designations of Bracco used herein are trademarks or registered trademarks of Bracco or by Bracco Group companies. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
16. APPLICABLE LAW AND JURISDICTION
- Except as provided in the addenda applicable to your specific jurisdiction provided with the Terms and except where mandatory law supersedes this choice of law clause, these Terms shall be governed by the laws of the State of New Jersey and the laws of the United States of America applicable therein. Subject to Section 26 requiring mandatory arbitration of disputes, the sole and exclusive venue for all disputes arising out of or relating in any way to this Agreement shall be New Jersey. The parties consent to the personal jurisdiction and venue of such courts and further consent that any process, notice of motion or other application to either such court or a judge thereof may be served outside the State of New Jersey by registered or certified mail or by personal service, provided that a reasonable time for appearance is allowed. Notwithstanding the governance of these Terms, you may have additional obligations and responsibilities to adhere to in the jurisdiction in which you practice medicine or another health profession.
17. ENTIRE AGREEMENT
These Terms, together with all documentation and policies referenced herein, constitute the entire and exclusive understanding and agreement between Bracco and you regarding the Website, Services, and Collective Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Bracco and you regarding the Website, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Bracco’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Bracco may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in a written form and given by Bracco: (i) via email (in each case to the address that you provide); or (ii) by posting to the Website. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of Bracco to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Bracco. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
21. CONTACTING BRACCO DIAGNOSTICS INC.
If you have any questions about these Terms, please contact Bracco Diagnostic Inc. at 259 Prospect Plains Road, Bldg. H, Monroe Township, NJ 08831, or online.
CONTENT POLICY FOR USERS
When submitting images, video or other content through the Website or Services, you must remove all personally identifying information (or information which could be used to identify an individual) regarding the person in the image and the relatives, employers, or household members of that person. This includes, but is not limited to, the following:
- All geographical subdivisions smaller than a State or Province, including street address, city, county, precinct, zip code, and their equivalent geocodes
- Postal codes
- All elements (except year) for dates directly related to an individual, including birth date, admission date, patient encounter date, discharge date, date of death
- Phone numbers, fax numbers, personal electronic mail addresses
- Social security or social insurance numbers, national identity number, or equivalent
- Medical record numbers
- Health card numbers, health plan beneficiary numbers, or Health Insurance Account numbers
- Account numbers
- Certificate/license numbers
- Vehicle identifiers and serial numbers, including license plate numbers
- Device identifiers and serial numbers
- Web Universal Resource Locators (URLs)
- Internet Protocol (IP) address numbers
- Biometric identifiers, including finger and voice prints
- Full face photographic images and any comparable images
- Photographic images of scars, tattoos, piercings etc. which would allow for an identification
- Any other unique identifying number, characteristic, or code (note this does not mean the unique code assigned by the investigator to code the data).
Registered User agrees and warrants that they have removed all identifying information and that Registered User does not have actual knowledge that such images, video or other content could be used alone or in combination with other information to identify an individual who is the subject of the information.