Last updated: June 27, 2016

Accuray® Incorporated, together with our affiliates (“Accuray”), provides the Accuray Exchange in Radiation Oncology (“AERO”) as an access-restricted, international, free-of-charge community to our registered customers, in order to foster the exchange of best practices and the discussion of important needs and innovative solutions in the field of precision radiation oncology.  This website is not intended for the general public.

 

Scope                    

You acknowledge and agree that your access and use of AERO is at your own risk. By becoming a member of AERO, you consent to the terms and conditions set forth herein and in Accuray’s Privacy Policy, which is hereby incorporated by reference. (The terms and conditions set forth herein and in Accuray’s Privacy Policy are collectively referred to as the “AERO Terms of Use.”)  

In the case of direct conflict or conflict by reason of interpretation between the terms and conditions set forth herein and in Accuray’s Privacy Policy, the terms herein shall control with respect to AERO.  Accuray reserves the right to suspend or terminate your account and access to AERO if we determine that you have violated the AERO Terms of Use.

These AERO Terms of Use may change from time to time, so please be sure to check this page periodically for updates. If you have any questions or comments about AERO or the AERO Terms of Use, please Contact Us. 

 

Copyrighted Materials

All material and content made available to you through AERO (including, without limitation, any text, information, images, video, and training materials posted or submitted on AERO) are protected by United States and foreign copyright laws, and may not be copied, published, displayed, uploaded, downloaded, posted, distributed, modified, reproduced, retransmitted, or used in any manner without the copyright owner’s prior written permission. For linking or permission requests, please Contact Us.

 

Your Submissions

Any content you submit. transmit or post to AERO, including content posted by any other individual using your account (“Your AERO Content”) will be considered non-personal, non-confidential, and non-proprietary to you.  You agree to allow Accuray to use Your AERO Content for any purpose, including copying, disclosing, selling, distributing, incorporating or otherwise using Your AERO Content and all data, images, sounds, texts and other things embodied therein for any and all commercial and non-commercial purposes to the extent permitted by applicable law.  You agree to permit Accuray to use and/or transfer without restriction any ideas, information, concepts, know-how or techniques, whether patented or not, contained in Your AERO Content for any purpose, including but not limited to using, developing, manufacturing, selling or marketing products and services incorporating such ideas, information, concepts, know-how or techniques.

 

Your Ideas Transferred to Accuray

If you transmit or post any ideas, information, concepts, know-how, techniques or materials to Accuray through AERO (including through the “Submit Your Idea” section of AERO),  please see Accuray’s general Privacy Policy for information on our handling of such ideas.

 

Security

You acknowledge that while Accuray will make a genuine effort to ensure the security of AERO, including Your AERO Content, we cannot guarantee you absolute 100% security. You further acknowledge that system failures may limit your ability to use AERO. You agree to assume all risk and liability arising from your use of AERO, including the risk posed by any breach in the security of your communications on AERO.

 

Your Account

You are solely responsible for maintaining the confidentiality and security of your username and password.  Accuray will have no obligation with regard to your account.  You agree to notify Accuray immediately of any unauthorized use of your account or any other breach of security related to your account.  Accuray will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.  You further agree not to use anyone else’s account at any time. 

For purposes of identification, you represent and warrant to Accuray that your account information is accurate, complete, and up-to-date.

 

Monitoring 

Accuray may, but is not obligated to, monitor or review the areas on AERO where registered members transmit or post information.  If Accuray’s monitoring reveals activity that is in violation of the AERO Terms of Use, we may take appropriate action, including providing the monitored evidence of such activity to law enforcement officials.

If you observe any activity on AERO that is in violation of the AERO Terms of Use, please report these violations to please Contact Us.

 

No Medical Advice

The information presented and exchanged on AERO shall not be construed as medical advice.  Instead, any information provided by Accuray on AERO is for informational purposes only.  Accuray only intends to provide members with information and access to other members to in order foster discussion, exchange experiences, and potentially better understand certain health and diagnosed disorders.  Information contained on AERO should NOT be used as a substitute for the advice of an appropriately qualified and licensed physician or other health care professional.

Accuray has no intention to influence or establish your organization’s internal health policies and procedures or the manner in which you treat your patients. Accuray also does not intend to and does not provide medical advice or physician instruction on the appropriate use of any of contents discussed on AERO. You agree that Accuray shall have no responsibility or liability relating to the above usages of the information presented and exchanged on AERO.

 

Personal Information 

Accuray does not intend to collect personally identifiable information. Any information you provide to Accuray and or to other members on AERO should not contain personally identifiable information, including protected health information (as defined in 45 CFR §160.103 or applicable international regulations). Notwithstanding the above, if you still elect to provide or transmit any of your personally identifiable information on AERO, you agree to do so knowingly and to accept all responsibility for any subsequent uses of such information by any party.  You further understand that any personally identifiable information you choose to provide on AERO may be publicly viewable on AERO by all registered members.

Please see Accuray’s general Privacy Policy for further information on the provision of personally identifiable information on AERO.

 

Your Use

By becoming a member of AERO, you agree:

  • To use AERO in connection to the clinical application of Accuray’s products.
  • To transmit or post content in compliance with the AERO Terms of Use.

By becoming a member of AERO, you agree that you will not:

  • Misrepresent your relationship with Accuray or present false information about Accuray and AERO.
  • Transmit or post any content that is not related to the topic of the relevant discussion on AERO where the content is posted.
  • Make any recommendations regarding an Accuray product if such recommendation directly or indirectly conflicts with or is not expressly approved by the product’s user manuals or specifications.
  • Take any action that could be reasonably expected to result in others using an Accuray product in a manner that directly or indirectly conflicts with or is not expressly approved by such product’s user manuals or specifications.
  • Transmit or post content on AERO advertising or promoting goods and/or services.
  • Upload or transmit any material on AERO that infringes or misappropriates any copyrights, patents, trademarks, or trade secrets.
  • Disclose via AERO any information that would violate any confidentiality obligations you may have.
  • Transmit or post on AERO any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal or civil offense of any applicable law.
  • Circumvent any of Accuray’s security measures, including but not limited to uploading onto AERO any viruses, worms, Trojan horses, or other forms of harmful computer code.
  • Subject AERO’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website.
  • Use this website to violate applicable, local, state, federal, or international law, including without limitation any laws relating to antitrust or other illegal trade or business practices, federal and state securities laws, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any U.S. laws, rules, and regulations governing the export and re-export of commodities or technical data.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through AERO.

If Accuray determines that your AERO Content or your use of AERO is in violation of the AERO Terms of Use, we may edit or remove such content at our discretion and/or may terminate your access to AERO.

 

Disclaimers

All content on AERO is provided “as is” for informational purposes only. The content published by other AERO members does not reflect Accuray’s opinion and shall not be attributable to Accuray or construed as being endorsed by Accuray. 

All warranties, either express or implied, are hereby disclaimed, including warranties of performance, merchantability, fitness for a particular purpose (even if Accuray or its authorized representatives have been advised of the possibility of such purpose), and non-infringement.

 

Limitation of Liability

In no event will Accuray be liable to you or any other entity for any damages (including without limitation any direct, compensatory, indirect, incidental, consequential, special, exemplary, or punitive damages) arising out of your use of AERO, including without limitation, any lost profits, business interruption, or loss of data..  Accuray will not be liable for any damages related to Your AERO Content or content posted by other members, including your reliance on content posted by other members, whether or not arising under copyright, libel, privacy, or obscenity laws, or otherwise.  Accuray will not be liable for any damages due to errors, omissions, or other inaccuracies on AERO or other material downloaded through or hyperlinked from AERO.  The foregoing will apply even if Accuray had been advised of the possibility of such damages.

For certain states that do not allow the exclusion of implied warranties or limitation of liability for consequential and incidental damages, Accuray’s liability is limited to the greatest extent permitted by law.

 

Indemnity

You agree to indemnify and hold harmless Accuray, its affiliates, and its respective officers, directors, employees, representatives and agents from and against all losses, damages and expenses, including any reasonable attorney’s fees and costs of litigation, resulting from any and all claims arising from Your AERO Content or your violation of the AERO Terms of Use.

 

Linking

Please see Accuray’s general Privacy Policy for information on links to other organizations’ websites posted or transmitted on or through AERO.

 

Governing Law / Venue

The AERO Terms of Use shall be governed in all respects by the laws of the United States and the State of California without regard to conflicts of laws principles that would require the application of the laws of any other jurisdiction.  You also irrevocably and unconditionally: (i) consent to submit to the exclusive jurisdiction of the state and federal courts located in Sunnyvale, California, USA (“Venue”) for the resolution of any dispute under the AERO Terms of Use; (ii) agree not to commence any such proceedings except in such courts; and (iii) waive any objection to the laying of venue of any such proceedings in the state or federal courts located in the Venue.

No action, regardless of form, arising out of or related to AERO may be brought by you (i) more than one (1)  year after the claim or cause of action arises, or (ii) after such claim or cause of action is barred. Accuray’s failure to insist upon or enforce any provision of these AERO Terms of Use will not constitute a waiver of any of our rights under the same.  

 

Entire Agreement

The AERO Terms of Use contain the entire agreement of the parties hereto, and supersedes all prior understandings, representations and warranties, written and oral.  Accuray will not be liable for failure to perform an obligation under the AERO Terms of Use if that failure results from any cause beyond Accuray’s control. 

If any provision hereunder is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.

 

Assignment

You may not assign your rights under the AERO Terms of Use without AERO’s prior written permission.


Survival

The AERO Terms of Use will benefit, and be binding upon, the successor and assigns of the parties hereto. Any provision hereunder may survive the termination of the AERO Terms of Use.

 

Notice of Copyright Infringement

If you believe that your work has been posted on AERO by another AERO user in a manner that (1) constitutes copyright infringement, or (2) otherwise violates your intellectual property rights, please notify Accuray in writing at:

Accuray Incorporated
Attn: Legal Department
1310 Chesapeake Terrace
Sunnyvale, CA 94089