ATHN Terms of Use

Last updated: February 24, 2022

Welcome to www.athn.org (the "Site"), which is operated by American Thrombosis and Hemostasis Network, Inc. ("ATHN", "we", "us" or "our"). Please read this Terms of Use Agreement ("Agreement") carefully, as it constitutes legally binding terms and conditions and applies to your use of the Site and all web pages and websites associated therewith together with any other features, functionality, documentation and services offered by us on or through the Site (the "Service"). By accessing the Site and using the Service, you accept and agree to be bound and abide by this Agreement along with our Privacy Statement. If you do not agree to the terms of this Agreement and the Privacy Statement, you may not access the Site or the Service.

ATHN is not a medical provider. If you require medical assistance or have a healthcare related query you should contact your medical provider or call 911.

Term

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of or registration for the Service at any time, for any reason, and ATHN may terminate your use of or registration to the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability or obligation to you or any third party.

User Registration

In order to access and use certain content, features, or functionality of the Service, we may require that you register with a unique username and password combination ("User Credentials") and provide certain additional information ("Personal Information"). Users accept that records generated by their actions in the system constitutes electronic signature created with their consent. Collection, use and disclosure policies with respect to the privacy of such Personal Information are set forth in the Privacy Statement. If you elect to become a registered user of the Service, you are responsible for maintaining the strict confidentiality of your User Credentials, and you agree not to share your User Credentials with anyone. You agree to notify us of any unauthorized access of your User Credentials. We reserve the right to deny access, use and registration privileges to any user of the Service if we believe or suspect there is a question about the identity of the person trying to access any account or element of the Service.

You must be a resident of the United States and its territories to register with the Site.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT OUR ONLINE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. ATHN DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE OR ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED IN CONNECTION WITH THE ONLINE SERVICE. IN ADDITION, ATHN DOES NOT GUARANTEE THAT USE OF THE ONLINE SERVICES WILL BE FREE FROM TECHNOLOGICAL DIFFICULTIES INCLUDING, BUT NOT LIMITED TO, UNAVAILABILITY OF INFORMATION, DOWNTIME, SERVICE DISRUPTIONS, VIRUSES OR WORMS AND YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT.

ATHN WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER OR ASSOCIATED COMPUTER EQUIPMENT DUE TO YOUR USE OF THE SITE OR SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND IMPLEMENTING APPROPRIATE SAFEGUARDS FOR ANTI-VIRUS PROTECTION AND DATA RECOVERY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Medical Disclaimer

FOR PURPOSES OF CLARITY AND THE AVOIDANCE OF DOUBT, YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL MEDICAL, DIAGNOSIS, TREATMENT AND HEALTH-RELATED CONTENT AND INFORMATION MADE AVAILABLE ON, THROUGH OR IN CONNECTION WITH THE SERVICE IS SUBJECT TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT, AND SUCH INFORMATION AND CONTENT (I) IS MADE AVAILABLE FOR GENERAL INFORMATION PURPOSES ONLY, (II) IS NOT INTENDED AS MEDICAL ADVICE, DIAGNOSIS OR TREATMENT, (III) SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR CONSULTATIONS WITH, OR MEDICAL ADVICE FROM, QUALIFIED HEALTH PROFESSIONALS AND (IV) MAY NOT BE ENDORSED BY, OR OTHERWISE REFLECT THE VIEWS, OPINIONS OR POSITIONS OF, ATHN.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ATHN, ITS AFFILIATES, PARTNERS, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATORS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICE OR FROM THIS AGREEMENT.THE USE OF OUR SERVICE IS DONE SO ENTIRELY AT YOUR OWN RISK, AND IN NO EVENT SHALL ATHN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES OR LIABILITIES ARISING FROM OR RELATING TO THE USE OF OUR SERVICE, OR SITES ACCESSED THROUGH THIS SERVICE, AND/OR CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES.

Indemnity

You agree to defend, indemnify and hold ATHN, its affiliates and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) (collectively, "Claims"), arising in any way out of or in connection with (a) your use of the Service or (b) your breach or violation this Agreement. ATHN reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in each case, you agree to fully cooperate with us upon our request.

Ownership of Site Content

As between you and ATHN, and excluding any content you may email or otherwise provide to ATHN, ATHN or third parties own, solely and exclusively, all right, title and interest in and to the Service and all content contained and/or made available on, through or in connection therewith ("Content"), and all such Content is protected, without limitation, under domestic and foreign laws, rules, regulations and treaties. The term "Content" includes all reports, manuals, studies, copy, text, audio/visual content, artwork, photographs, illustrations, graphics, logos, computer code, software, music (including the musical compositions therein), data, user interfaces, visual interfaces, information, materials, and all copyrightable or otherwise legally protectable elements of the Service, including the design, selection, sequence, look and feel and arrangement of the Service, and any copyrights, trademarks, service marks, trade names, trade dress, patent rights, database rights and/or other intellectual property and/or proprietary rights therein.

Copyright and Trademark Information

The marks ATHN, the ATHN logo, Clinical Manager, Study Manager are the trademarks and/or service marks of the American Thrombosis & Hemostasis Network. The content and design of websites and services operated by ATHN are protected by U.S. and international copyright laws. You may not copy, reproduce, republish, post or upload any part of these materials without the express permission of ATHN except where such documents are public domain or marked as reproduceable without copyright. Where you may reproduce such materials all copyright, authorship or ownership information must be unaltered, and the source indicated. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under domestic and foreign laws, rules, regulations and treaties.

Digital Millennium Copyright Act

ATHN respects the intellectual property rights of others. If you are a copyright owner or an agent thereof and believe that any content on the Service infringes upon your copyrights, please contact us for Notice of copyright claims as follow:

ATHN
67 Red Rock Circle
Rochester
New York 14626

Compliance

By using the Service, you represent and warrant that (a) you are 18 years of age or older and (b) your use of the Service does not violate any applicable law, rule or regulation. Further, if you provide information that is untrue, inaccurate, not current or incomplete, or ATHN suspects that such information is untrue, inaccurate, not current or incomplete, ATHN has the right to suspend or terminate your use and registration (in whole or in part) and refuse any and all current or future use of the Service (or any portion thereof), in our sole discretion, with or without notice to you, and without liability or obligation to you or any third party.

Governing Law; Dispute Resolution

ATHN is organized under the laws of and has a principal place of business in the State of New York, and the Site is intended for use by residents of the United States and its territories. The Site can be accessed throughout the United States and the world, and each jurisdiction where a user may reside may have laws that are different to and/or conflict with the laws of State of New York.

You agree that any dispute or claim (including personal injury claims) related to your use of the online services account or any website or application accessed via the online services account is subject to the exclusive jurisdiction of the state of New York, and that any such dispute shall be governed by the laws of the state of New York.

You further agree that you shall not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. This agreement also applies to anyone claiming on your behalf.

Waiver; Trial by Jury

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SERVICE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

Waiver; Class Action

TO THE EXTENT ALLOWED BY LAW, EACH OF YOU AND ATHN WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.