lilleheisurgicalsociety.org

Website Terms of Use

Welcome to the web site of The C. Walton and Richard C. Lillehei Surgical Society (the “Society”)!   The Society is pleased to make this web site located at lilleheisurgicalsociety.org (the “Site”) available for your use and benefit.  By using the Site you agree to be bound by the Terms of Use set forth below.  Use of this Site is strictly voluntary. If you do not agree to these Terms of Use and the Privacy Policy, you must immediately log off the Site and may not use the Site.

 

These Terms of Use apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with the Society, unless otherwise directed by the Society.  If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately discontinue use of this Site.

 

Collection of Visitor Information on this Site

Any information collected at this Site is governed by our Privacy Policy, unless otherwise stated. To access and use certain features of the Site, you may be required to register with the Society through a login/registration page and you must agree to be bound by any additional applicable terms and conditions contained there.

 

Copyright

All content, software, and technology included on this Site or used in the operation of this Site is the owned or licensed property of the Society or its content, software, and technology suppliers, and is protected by U.S. and international copyright laws.  In addition, the compilation (meaning the collection, arrangement, and assembly) of all content on this Site is the exclusive property of the Society and protected by U.S. and international copyright laws.  The Society grants you permission to view and use content, software, and technology made available to you on the Site in connection with your own personal, noncommercial use of the Site.  Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content, software, and technology on this Site is strictly prohibited without written permission from the Society.

 

Notice for Claims of Intellectual Property Violations and Agent for Notice

Digital Millennium Copyright Act (DMCA) Policy

The Society respects the intellectual property rights of others.  Our agent for notice of claims of copyright or other intellectual property infringement can be reached using the information below.

 

By mail:
Attn: Executive Director
The C. Walton and Richard C. Lillehei Surgical Society
1660 South Highway 100, Suite 500
St. Louis Park, Minnesota 55416 ‎

By phone: (952) 641-1575
By fax: N/A
By email: Kira.Lillehei@gmail.com

 

If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with a notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on our website, with enough detail that we may find it on the website;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

 

Trademarks

The trademarks, service marks, trade dress, and “look and feel” (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Society and others.  Nothing on this Site shall be construed as granting any license or right to use any Trademark displayed on this Site without the prior written permission of the Trademark owner.  Other product and company names mentioned in this Site may be the Trademarks of their respective owners.

 

Other Intellectual Property

All other intellectual property rights related to the content, software, and technology included on this Site or used in the operation of this Site, including without limitation, patents, trade secrets, trade dress, publicity rights, character rights, titles, and artistic and moral rights are the owned or licensed property of the Society.  Any use of these rights without the prior written permission of the Society is strictly prohibited.

 

Accuracy

Information on this Site may contain typographical errors, inaccuracies, or omissions.  The Society reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without notice to you. 

 

Payment

You authorize the Society and any payment processing service provider it may engage to charge your credit card, or to debit or process payment through any other offered means, for any donations or other purchase made on the Site. You represent and warrant that you are the only one who will make payments in connection with this Site, and you shall be responsible for any and all uses of your credit card, debit card, or any other payment means used in or under your name.  Unless otherwise specified, any amounts paid to the Society are nonrefundable.

 

Disclaimer of Warranties

THIS SITE AND ALL CONTENT, PRODUCTS and services available through THE SITE ARE PROVIDED ON AN “AS IS, WITH ALL DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.  the Society DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.  the Society MAKES NO REPRESENTATION THAT THE SITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.  the Society MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.  NOTHING IN THESE TERMS OF USE OR IN ANY ORAL OR WRITTEN DESCRIPTION OF THIS SITE WILL CONSTITUTE A REPRESENTATION OR WARRANTY WITH RESPECT TO THIS SITE.     

 

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT SUCH USE IS AT YOUR SOLE RISK.

 

Limitation of Liability

IN NO EVENT SHALL THE SOCIETY, ITS AFFILIATES, MEMBERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, WARRANTY, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

Under no circumstances whatsoever shall the Society’s aggregate liability resulting from or relating to your use of this Site exceed Five United States Dollars (USD $5.00).

 

Prohibited Activities and Visitor Obligations

As a visitor or user of this Site you shall not:

  • violate any applicable law or regulation;
  • upload, post, use, transmit, or otherwise make available, including by e-mail, (each, a “Post”) any content or information that is false or inaccurate;
  • Post any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or content that could otherwise be considered to be objectionable;
  • impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
  • engage in any activities or manipulate identifying material to misrepresent the origin of content;
  • Post any content that is subject to any disclosure restrictions;
  • Post any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other intellectual property rights;
  • Post any unsolicited or unauthorized advertising or promotional materials, including without limitation, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • use the Site to disseminate any information or content, including by e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or information or content that could otherwise be considered to be objectionable;
  • Post any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
  • interfere with or otherwise limit the use of this Site by other users; or collect, compile, or store personal information about other users of this Site;
  • disrupt or interfere with the security of, operation of, or otherwise cause harm to, this Site or the systems resources; accounts; usernames and passwords; servers; or networks connected to or accessible through this Site or any affiliated or linked sites
  • use any robot, spider, other automatic device, or manual process to “screen scrape,” monitor, “mine,” or copy the web pages on the Site or the content contained therein without the Society’s prior, express, and written permission; or
  • use this Site for your own commercial purposes.

 

You agree that you are solely responsible for the Posting of any content ‎ (e.g., text, images, photographs, videos‎) that you make available on or send through the Site (“User Content”).  In addition to the rights granted to the Society elsewhere in these Terms of Use, you hereby grant the Society the irrevocable right to copy, displays, and use User Content in connection with the Site and for the purposes related to your Post of the User Content.  The Society does not endorse any User Content submitted to the Site, or endorse any opinion, recommendation, or ‎advice expressed therein.  The Society expressly disclaims any and all liability in connection with User Content.  Although The Society has no obligation to screen, edit, or monitor any of the User Content, accounts, or user conduct on the Site, the Society reserves the right, and has absolute discretion, to remove, screen, or edit any User Content, accounts, and to monitor any user conduct on the Site at any time and for any reason without notice.  Your User Content may be available on the Site for a limited period of time, as determined by the Society in its sole discretion.  You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.

By the Posting of User Content to the Site, you represent and warrant that: (a) the User Content is non-confidential is not subject to disclosure restrictions under any applicable data privacy laws, rules, or regulations; (b) you have all necessary rights to Post the User Content to the Site and to grant the rights to the Society you grant in these Terms of Use; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and the use and the Post thereof in connection with the Site, does not and will not violate these Terms of Use or any law, rule, or regulation.  All User Content becomes the property of the Society and the Society may use the User Content for ‎any purpose.  See the Submission section below for more information.‎

 

Online Forum

Part of the Site may include an online community forum where registered users may ask and answer questions on a variety of topics (the “Forum”).   The Society disclaims all responsibility and liability for the availability, ‎timeliness, security or reliability of the Forum or content within the Forum.  ‎

 

You are responsible for your own use of the Forum, for any Posts you make, and for any consequences thereof.  You acknowledge that any reliance on content on the Forum will be at your own risk.  You will use the Forum in compliance with all applicable local, state, national, and international laws, rules and regulations, including without limitation any laws regarding disclosure of an individual’s personal health information.

 

If you believe certain content of the Forum is objectionable, please immediately notify a moderator of the Forum.  If you believe that your copyright has been infringed on the Forum, please refer to the Digital Millennium Copyright Act (DMCA) / Copyright Policy above for information on how to file a notice of infringement.

Third Party Providers of Functionality

The Society may have functionality on the Site that is provided, in whole or in part, by a third ‎party service provider.  You can usually identify such third party functionality by the ‎use of a trademark not owned by the Society on or near the functionality.  For such ‎third party functionality, you will need to review the terms of use and privacy policy for ‎that third party, which in some cases may require you to visit that party’s website and ‎locate the terms of use and privacy policy.  Your review should include determining ‎whether such terms and policy are acceptable to you.  If they are not, do not use the ‎associated functionality on our Site.‎

 

Indemnification

You agree to indemnify, defend, and hold the Society and its successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys' fees that the Society incurs or suffers which relate to your use of this Site, your failure to perform any of your obligations under these Terms of Use, or your breach of any of your representations or warranties made under these Terms of Use.

 

Links to Other Web Sites

The Site may contain links to other web sites.  Additionally, other web sites may contain links to this Site. The Society does not review or monitor the web sites linked to this Site and the Society is not responsible for the content or policies of any other web sites.  Any link established by the Society does not constitute an endorsement of the other web sites or create a relationship between the Society and the operators of other web sites.  The Society disclaims any liability with respect to your use of any other web site, and you release the Society from any liability related to your use of any link to another web site or your use of any other web site.  Where this Site contains a link to another web site owned and/or operated by the Society, such web site use may be subject to different and additional terms of use and privacy policy terms and conditions. 

 

Changes to Terms of Use

The Society may revise these Terms of Use at any time without notice.  Any use of this Site following the date on which changes to these Terms of Use or the Privacy Policy are published on this Site shall constitute your acceptance of all such changes. You expressly agree that the Society shall have no obligation to provide you with any notice of any changes, and you hereby expressly waive any right you may have to receive notice of any changes to these Terms of Use or the Privacy Policy.

 

Continued Operation, Accessibility, and Maintenance of this Site

The Society may modify, change, suspend, terminate or discontinue the operation of part or all of this Site without notice to you and the Society reserves the right to refuse service to anyone at any time, with or without cause.

 

Your Account

If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.  You agree to accept responsibility for all activities that occur under your account or password.  By using the Site, you agree to: (a) provide true, accurate, current, and complete information about you; (b) maintain and promptly update such information to keep it true, accurate, current, and complete; and (c) notify us of any security breach or unauthorized use of your account or password. The Society has the right, without notice and in its sole discretion, to suspend or terminate your access to the Site and to refuse or restrict access or service, terminate accounts, and to remove or edit content on the Site.

 

General Provisions

English has been used in the preparation of these Terms of Use, and English shall be the controlling language with respect to these Terms of Use and their interpretation. 

 

Any failure by the Society to enforce any provision of these Terms of Use shall not be construed as a waiver of any provision or the right to enforce same.

 

These Terms of Use shall be governed by the laws of the State of Minnesota, USA, without giving effect to any principles or conflicts of laws.  For the purpose of resolving conflicts relating to or arising out of these Terms of Use, or arising out of any other dispute or claim associated with the Society, you irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Minnesota, USA, (the “Minnesota Courts”) for any litigation or dispute arising out of or relating to these Terms of Use; (ii) agree not to commence any litigation arising out of or relating to these Terms of Use except in the Minnesota Courts; (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum; and (iv) agree the Minnesota courts represent the exclusive jurisdiction for all disputes relating to these Terms of Use.

 

If any portion of these Terms of Use is held to be invalid, such holding shall not invalidate the other provisions of these Terms of Use.

 

Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above.  Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction.

 

You are responsible for compliance with applicable laws.

 

Submissions

Any and all questions, comments, suggestions, User Content. and similar materials or information that you send or submit to the Society through this Site, by a Post or otherwise (collectively, "Submissions"), shall become the Society’s property; and you hereby transfer, sell, and assign to the Society all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related patent, copyright, trademark, and other intellectual property rights.  The Society has no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions.  The Society shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.

 

Contact

For questions or comments related to this Site or these Terms of Use, please email us at Kira.Lillehei@gmail.com

 

Last updated: November 19, 2015