Terms of Use

• If you transmit or post an idea (i.e., for a new Accuray product or service or for an improvement to an existing Accuray product or service) through the Site, the following terms will apply to you. By transmitting or posting any ideas, information, concepts, know-how, techniques or materials to Accuray through the Site (including through the “Submit Your Idea” section of the Site) or through any other means, you agree to transfer to Accuray all of your rights and interests in these proposed ideas, including any potential intellectual property in the ideas, to the extent permitted by law. If such transfer of intellectual property is not permitted under applicable laws, then you agree to grant Accuray, including its successors and assigns, an unrestricted, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, commercialize, perform, modify, transmit, and distribute such ideas, information, concepts, know-how, techniques or materials in any medium, and agree that Accuray is free to use them for any purpose , including disseminating or using the ideas for any commercial or non-commercial purposes in any media at our sole discretion without any (a) compensation to you or anyone else; or (b) acknowledgment of you or anyone else as the source of the submission.

Information Security

We are committed to protecting the confidentiality, integrity, and availability of information shared with Accuray. Our Site employs industry-standard security measures, including encryption, firewalls, and secure servers, to safeguard your information against unauthorized access, disclosure, alteration, or destruction. You are responsible for choosing a strong, unique password that you have not used on any other site or service.

While we strive to maintain robust security protocols, no system is entirely foolproof. By using our Site, you acknowledge and accept that we cannot guarantee absolute security of your information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security at [email protected].

Your Account

You are solely responsible for maintaining the confidentiality and security of your username and password. You agree to notify Accuray immediately of any unauthorized use of 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, or your use of anyone else’s account.

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 any pages on the Site where registered members transmit or post their content or information. If Accuray’s monitoring reveals activity that is in violation of the 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 the Site that violates the Terms of Use, please promptly Contact Us to report such violations.

No Medical, Legal or Reimbursement Advice

Any health economic and reimbursement information contained on the Site may not be current or accurate as a result of complex and frequently changing laws, rules, and policies. 

Any information presented and/or exchanged on the Site should not be construed as medical, legal or reimbursement advice. Instead, any information provided by Accuray on the Site is for informational purposes only. Accuray only intends to provide members with information and access to other members to foster discussion and exchange experiences, and potentially better understand certain health and diagnosed disorders. 

Information contained on the Site 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 the Site.

You agree that Accuray shall have no responsibility or liability relating to the above usages of the information presented and exchanged on the Site.

Personal Information

You acknowledge and agree that Accuray may collect and use data including personally identifiable information as part of establishing and maintaining our relationship for the purposes identified in our Privacy Notice.  Additionally, to protect your privacy and the privacy of others, we ask that you do not provide to Accuray and/or to other members on the Site any sensitive information, including information which can contain protected health information (as defined in the HIPAA Regulations, 45 CFR §160.103, EU GDPR or other applicable  regulations). For more information on the provision of personally identifiable information on or through Accuray  Sites, please see the Accuray Privacy Notice.

Your Use

By becoming a member of the Site, you agree:

• To use the Site in connection to the clinical application of Accuray products; and
• To transmit or post content in compliance with the Terms of Use.

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

• Misrepresent your relationship with Accuray or present false information about Accuray and the Site;
• Transmit or post any content that is not related to the topic of the relevant discussion on the Site 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 the Site advertising or promoting goods and/or services;
• Upload or transmit any material on the Site that infringes or misappropriates any copyrights, patents, trademarks, or trade secrets;
• Disclose via the Site any information that would violate any confidentiality obligations you may have;
• Transmit or post on the Site 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 Accuray security measures, including but not limited to uploading onto the Site any viruses, worms, Trojan horses, or other forms of harmful computer code;
• Subject the network or servers of the Site to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website;
• Use the Site 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; and
• Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

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

Disclaimers

Accuray does not warrant any accuracy, effectiveness and suitability of any information contained on or presented through the Site. Any content and the information provided on or through the Site are provided “as is” for informational purposes only. The content published by other members or any statements on the Site do not reflect the views of, and are not endorsed by Accuray.

Accuray makes no representations or warranties of any kind or nature with respect to the information or content posted on the Site. Accuray hereby disclaims all representations and warranties, whether express or implied, including any 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 for any damages of any kind or nature, including, without limitation, any direct, indirect, incidental, consequential, special, exemplary, or punitive damages (including any lost profits, interruption in service, viruses, loss of data, deletion of files or electronic communications) arising out of or in connection with the Site, including without limitation the content and/or the information posted on the Site, your use of the Site, or the use of the Site by others, regardless of whether Accuray has been advised as to the possibility of such damages. In addition, Accuray will not be liable for any damages related to Your 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 the Site or other material downloaded through or hyperlinked from the Site. The foregoing will apply even if Accuray had been advised of the possibility of such damages.

For certain states or countries 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 their 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 claims arising from Your Content or your violation of the Terms of Use.

Links to Other Sites

To the extent that the Site contains links to other internet sites, Accuray has no control over the content or information on such other sites, nor have we ensured the accuracy, legality, or reliability of content or information presented at such other sites. Accordingly, Accuray assumes no responsibility for content or information presented at such other sites.

Governing Law and Venue

The Terms of Use shall be governed  by and construed in accordance with the laws of the United States and the State of California, exclusive of its choice of law rules. You consent to submit to the exclusive jurisdiction of the state and federal courts located in the County of Santa Clara in the State of California, USA.  No action, regardless of form, arising out of or related to AEx and/or the Terms of Use 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. The failure of Accuray’ to insist upon or enforce any provision of these  Terms of Use will not constitute a waiver of any of our rights under the same.  

Entire Agreement

The 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 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.

Notice of Copyright Infringement

If you believe that your work has been posted on the Site in a manner that constitutes copyright infringement, or otherwise violates your intellectual property rights, please notify Accuray in writing at:

Accuray Incorporated
Attn: Chief Legal Officer
1240 Deming Way
Madison, WI 53717-1954
USA