American Shared Hospital Services Terms of Use

These “terms of use” were updated in February 2010. Prior to using our website, we advise you to carefully review all of the terms and conditions set out below.

Basis of Use. The information, text, images, video, audio, graphics, logos, icons, information, software programs, all compilations of information, any tools, applications, the selection and arrangement of these items and any other content made available on the web pages under the domain www.ashs.com or any successor website (the “Website”) (the “Content”) by American Shared Hospital Services or any successor or assign on the express condition that you agree to be bound by the terms and conditions set herein (the “Terms of Use”). By using this Website and any linked pages owned and operated by ASHS, you accept these Terms of Use. If you do not agree with these Terms of Use, please stop using this Website.

Revisions. ASHS reserves the right to modify and supplement the information contained in this Website at any time. ASHS makes no commitment and undertakes no obligation to update the information contained herein. ASHS reserves the right to make changes to our Terms of Use at any time, without notice. You agree to review these Terms of Use each time you access the Website so that you are aware of any and all modifications made to these Terms of Use since your last visit and you agree that your use of the Website after the date on which such modifications are posted to the Website will constitute your acceptance of those modifications.

Medical Information. The Content is provided for informational and educational purposes only, and is not intended to create any physician, patient or clinical relationship, nor is it intended to be a substitute for professional medical advice, diagnosis or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

License for Use of this Site. ASHS or its licensors own all right, title and interest in the intellectual property rights in the Content and the Website. ASHS grants you a limited, revocable, non-sublicensable and non-exclusive license under its intellectual property to access and make personal, non-commercial use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of ASHS. This Website or any portion of this Website may not be copied, reproduced, redistributed, republished, reformatted, displayed, posted, transmitted, altered, stored for subsequent use or printed in whole or in part or otherwise exploited for any commercial purposes without the express written consent of ASHS. You will not reformat, frame or place pop-up windows over any portion of this Website, or otherwise affect the way that this Website is displayed. ASHS in no way represents or warrants that your use of the Content or the Website does not infringe, misappropriate or violate the rights of third parties, including their intellectual property rights.

Trademarks. All trademarks, service marks, and logos ("Trademarks") displayed and used in this Website are the property of their respective owners. Nothing in this site should be construed as granting any right or license to use and Trademark without the written permission of its owner. You may not utilize any framing or use meta tags or any other "hidden text" utilizing any Trademark without the express written consent of ASHS.

Hyperlinks to Website. You may not deep-link to the Website, or frame any content of the Website in a manner, including where such deep-link is likely to cause confusion as to the source, origin, affiliation, connection, association, sponsorship of the Website or state or imply any endorsement by ASHS of the Website, content, products or services deep-linked to from the Website.

Hyperlinks from Website. Please note that the Website may contain links to other websites that are developed, sponsored or maintained by third parties unaffiliated with ASHS, which may have terms and conditions of use that are different from these Terms of Use. Please refer to those websites for the appropriate information. ASHS is not responsible for that content you view via a link from this Website to a third party website, nor has ASHS developed, checked for accuracy or otherwise reviewed the content or privacy policy of any such third party web-site. By providing access to the linked websites, ASHS is not recommending, endorsing or sponsoring any aspect of those websites or any goods or services available thereon. ASHS makes no guarantees, representations or warranties as to, and shall have no liability for, any such third party website, goods or services, including, without limitation, the non-infringement, accuracy, subject matter, quality or timeliness of any content, or the use of any personal information you may provide to any such website. ASHS reserves the right in its sole discretion to discontinue links to any other websites at any time and for any reason. Your use of such links is entirely at your own risk and responsibility. You agree to hold ASHS harmless from any and all claims, obligations and/or liability arising in connection with your use of any such links.

Forward-Looking Statements. The ASHS Site contains "forward-looking" statements. For this purpose, any statements contained in the ASHS Site that are not statements of historical fact should be considered to be forward-looking statements. Words such as "anticipates", "believes", "estimates", "expects", "intends", "may", "plans", "should", "will" and similar expressions are intended to identify forward-looking statements, but statements that do not contain any of those words may still be forward-looking statements. There are a number of important factors that could cause the results of ASHS to differ materially from those indicated by these forward-looking statements. We disclaim any obligation to update or revise any forward-looking statement contained on the ASHS Site, or to do so within any particular time, to reflect any change in our expectations with regard thereto or any change in events, conditions or circumstances on which any such statement is based, in whole or in part, or which is reflected or implied in any such statement.

Exclusion of Warranty. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND YOUR USE OF IT IS EXCLUSIVELY AT YOUR OWN RISK. ASHS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE USE OF THIS SITE OR THE MATERIALS IN IT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ASHS DOES NOT WARRANT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE INFORMATION, CONTENT, TEXT, GRAPHICS, HYPERLINKS, COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE ASHS WEBSITE AND OTHER ITEMS CONTAINED ON ANY PORTION OF THIS WEBSITE OR ANY OTHER SERVER. ASHS DOES NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, NOR THAT IT WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK. ASHS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY DAMAGE TO, LOSS OF DATA FROM, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY FROM YOUR ACCESSING, BROWSING OR DOWNLOADING ANY PORTION OF THIS WEBSITE, OR RECEIPT OF COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE ASHS WEBSITE.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ASHS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM ITS PERFORMANCE OR ANY FAILURE TO PERFORM UNDER THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, INABILITY TO ACCESS OR USE THE WEBSITE, AND LOSS OF ACTUAL OR ANTICIPATED PROFITS OR BENEFITS, EVEN IF ASHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Communications by You. Any communication or material you transmit to the site by electronic mail or otherwise, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and non-proprietary and shall not, in and of itself create a clinical relationship between us or cause ASHS to create or retain any medical information on you. Anything you transmit or post becomes the property of ASHS and may be used for any purpose, including, but not limited to, reproduction, market research, fund-raising and focus groups. You agree that you will not send or transmit to the ASHS website any communication or content that (i) infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party or that is subject to any restrictions, or imposes any obligations, on the use or further distribution thereof; (ii) is unlawful or that promotes or encourages illegal activity; (iii) is threatening, obscene, defamatory or libelous; or (iv) is false or intentionally misleading. ASHS is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the Website, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. ASHS does not respond to any questions concerning specific medical conditions. There is a general security risks in transmitting information over a public network, and while we will not intentionally release it or make it public, we cannot assure you that the information will be kept private.

Applicable Law and Jurisdiction. By visiting this Website, you agree that the Terms of Use for all purposes shall be governed and construed in accordance with the laws of the State of California, without regards to principles of conflict of laws, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of California. In addition, you agree to submit to personal jurisdiction and venue of such courts.

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