ERAS Cardiac Society : Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS AND PRIVACY POLICY. USE OF THIS SITE CONSTITUTES ACCEPTANCE THEREOF.

Information Collected: Including to facilitate the use and services provided via this website, Enhanced Recovery After Cardiac Surgery Society (“ERACS”) requires that you provide certain information. We will not sell your information. We may send you emails for various purposes, including notification of matters we consider pertinent, offering goods and services, or information on the availability of materials or services on this website or those operated by our affiliates or third parties.

You may contact us concerning any issue with this website, including relating to intellectual property at contact@erascardiac.org.

The following additional terms and conditions will apply:

  1. You warrant that the information that you provide, including your identity, contact information, and affiliations, is accurate.
  2. You acknowledge that we may publish aggregate information on the users of this website and members of our organization provided that your name and title are omitted.
  3. You acknowledge that login information is personal to each individual and not by organization. You agree that you will not share your login information with any other person nor allow its use by any other person.
  4. You acknowledge that all information provided on or via this website and any to which it may link are for educational and informational purposes only. You acknowledge that such information is not medical advice nor warranted.
  5. You acknowledge that the information provided on or via this website is copyrighted and proprietary and that you will not further copy, distribute, modify, or create derivative works based on such information in any form without ERACS’ prior written consent, which consent may be denied, conditioned, and if granted, withdrawn. You further acknowledge that such consent may be required of third parties and that ERACS will not be responsible for obtaining or assisting with obtaining such third-party consent.
  6. You acknowledge that any membership in ERACS is not membership for purposes of applicable law and that if you have or are granted such a membership, such membership entitles you to no rights beyond those specified to be associated with such membership. In particular, such membership will not entitle you to any rights under ERACS organizational documents or bylaws.
  7. You acknowledge that while ERACS will endeavor to ensure that the information on this site is correct, no warranty, express or implied, is given as to its accuracy and ERACS does not accept any liability for error or omission nor a duty to update information or materials.
  8. ERACS will not be liable for any damages (including, without limitation, damages for loss of business or loss of profits) arising in contract, tort, or otherwise from the use of or inability to use this site, any material contained in it, or from any action or decision taken as a result of using this site or any such material. In no event whatsoever will ERACS’s liability for any matter arising hereunder exceed ten US dollars (US$10).
  9. ERACS accepts no responsibility for the content of any site to which a hypertext link from this site exists. Such links are provided for your convenience on an “as is” basis with no warranty, express or implied, for the information provided within them.
  10. ERACS provides this site “as is,” “as available,” and without any warranty or condition, express or implied. In particular, but without limitation, ERACS does not warrant that this site will operate without interruptions, or be timely, secure, or error-free. ERACS does not warrant that the site or its contents are free from viruses or problems and ERACS is not responsible for any harm caused to your property from your use of this site. You acknowledge access to this site may be suspended temporarily with or without notice.
  11. In using this site, you agree that you will not post or attempt to post illegal, immoral, or defamatory statements in or on any part of the site, or post on or submit to the site any material which might cause ERACS to violate any applicable law, statute, directive or regulation or that could, in ERACS’s sole discretion, adversely affect the goodwill or reputation of ERACS.
  12. You acknowledge that this site uses cookies to maintain state, security permissions, log-on status information, and the like.
  13. You acknowledge that ERACS may use IP address information for aggregate information collection and/or security monitoring.
  14. You agree that you will not by using any device, software or routine interfere with or attempt to interfere with the efficient operation of this site. That includes, but is not limited to, by act or omission, imposing an unreasonably or disproportionately large or heavy workload on the site.
  15. You agree that you will access the site only via direct use by a person and not via an intermediary interface or program, e.g., “bot,” “web crawler” or the like.
  16. These terms and conditions are subject to change at any time by ERACS and such changes will be effective upon being posted here and may be made retroactive. No notice needs to be given of such changes other than by such posting.
  17. If any portion of these Terms and Conditions should be determined to be illegal, invalid, or otherwise unenforceable the remainder will survive and remain in full force and effect and continue to be binding and enforceable.
  18. These Terms and Conditions will be governed by and construed under the laws of the United States and the Commonwealth of Massachusetts as though the entire contract were performed in Massachusetts and without regard to otherwise applicable conflict of laws statutes/rules. The parties consent to the exclusive jurisdiction of the courts located within the District of Massachusetts and the courts of appeal therefrom and waive any claim of lack of jurisdiction or that the selected courts are an inconvenient forum. The right to a trial by jury in any matter arising hereunder is irrevocably waived.
  19. You agree that if you or your agent bring any matter against ERACS in breach hereof, e.g., in a forum other than that specified or for a matter excluded hereunder, ERACS will be entitled to summary dismissal and an award by the otherwise improper court or the adjudicator in the correct forum of its costs for obtaining that dismissal, including attorney’s fees, costs of travel and court costs and will be entitled to an advance toward those expenses and reimbursement on a continuing basis.
  20. Any case brought against ERACS related hereto of the services may be brought in a party’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
  21. ERACS may freely use feedback and ideas that you may provide without any expectation whatsoever of remuneration, credit, or royalty.
  22. Access to and use of this site is independent of any other relationship, directly or indirectly, with ERACS, and no third party will have any liability for the information presented on this site.
  23. Any rights not expressly granted in these Terms and Conditions are reserved to ERACS.

TERMS OF USE: FAQ

What is a Terms of Use Agreement?

A Terms of Use agreement is a legal document that lets you set the rules of engagement with your site, explain how and why you may suspend or ban people from your service and avoid potential legal issues.

Is a Terms of Use Agreement Legally Binding?

Yes, a Terms of Use agreement is legally binding if it's clear, reasonable, lawful and agreed upon.

The courts will usually enforce a Terms of Use agreement against either party if it's clear that both parties clearly agreed to it, and both parties knew what they were agreeing to.

However, there are certain clauses that courts will not enforce under any circumstances. For example, clauses that are designed to trick or exploit the user, or clauses that are forbidden by law.

Is a Terms of Use Agreement a Contract?

A Terms of Use agreement is a contract if it's clear, reasonable, lawful, and has been agreed upon.

Is a Terms of Use Agreement a Legal Requirement?

Creating a Terms of Use agreement is not a legal requirement. However, a Terms of Use agreement is a simple, effective way to help your company avoid legal issues and is thus highly recommended regardless of not being required.

Terms of Use vs. Terms and Conditions

Legally speaking, a Terms of Use agreement is the same thing as a Terms and Conditions agreement or Terms of Service.

We're using the phrase "Terms of Use" to describe a general agreement between you and your users. Different companies use different names for this type of agreement, including:

  • Terms and Conditions
  • Terms of Service
  • User Agreement
  • Acceptable Use Policy

These documents usually serve the same purpose but can be used in different contexts.

Another name used for such an agreement can be an End User Service Agreement (EUSA) but this isn't as common.



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