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Last updated: January 1, 2021

Accuray Incorporated, together with its affiliates (“Accuray”), provides the Accuray Exchange (“AEx”) as an 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 AEx is at your own risk. By becoming a member of AEx, you consent to the terms and conditions set forth herein and in Accuray’s Privacy Policy, which is hereby incorporated by reference. Accuray reserves the right to suspend or terminate your account and access to AEx if we determine that you have violated the AEx Terms of Use.

These AEx Terms of Use may change from time to time, so please be sure to check this page periodically for updates. The “Last updated” at the top of this page lists when the AEx Terms of Use was last revised.  If you have any questions or comments about AEx or the AEx Terms of Use, please Contact Us. 

Copyrighted Materials

All material and content made available to you through AEx (including, without limitation, any text, information, images, video, and training materials posted or submitted on AEx) 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 AEx Content

Any content you submit, transmit or post to AEx, including content posted by any other individual using your account (“Your AEx Content”) will be considered non-personal, non-confidential, and non-proprietary to you.  You agree to allow Accuray to use Your AEx Content for any purpose, including copying, disclosing, selling, distributing, incorporating or otherwise using Your AEx 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 AEx 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 an idea (i.e. for a new Accuray product or service or for an improvement to an existing Accuray product or service) through AEx, the following terms will apply to you.  By transmitting or posting any ideas, information, concepts, know-how, techniques or materials to Accuray through AEx (including through the “Submit Your Idea” section of AEx) 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, 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 worldwide, 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.

Security

You acknowledge that while Accuray will make a genuine effort to ensure the security of AEx, we cannot guarantee you 100% security. For more information about security, please see Accuray’s Privacy Policy.

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 the areas on AEx where registered members transmit or post information.  If Accuray’s monitoring reveals activity that is in violation of the AEx 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 AEx that is in violation of the AEx Terms of Use, please report these violations to please Contact Us.

No Medical, Legal or Reimbursement Advice

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

Information contained on AEx 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 AEx.

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

Personal Information

To protect your privacy and the privacy of others, we ask that you do not provide to Accuray and/or to other members on AEx any information which contain personally identifiable information, including protected health information (as defined in 45 CFR §160.103 or applicable international regulations) or any sensitive information. For more information on the provision of personal identifiable information on or through AEx, please see Accuray’s Privacy Policy.  

Your Use

By becoming a member of AEx, you agree:

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

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

  • Misrepresent your relationship with Accuray or present false information about Accuray and AEx;
  • Transmit or post any content that is not related to the topic of the relevant discussion on AEx 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 AEx advertising or promoting goods and/or services;
  • Upload or transmit any material on AEx that infringes or misappropriates any copyrights, patents, trademarks, or trade secrets;
  • Disclose via AEx any information that would violate any confidentiality obligations you may have;
  • Transmit or post on AEx 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 AEx any viruses, worms, Trojan horses, or other forms of harmful computer code;
  • Subject AEx’s network or servers to unreasonable traffic loads, or otherwise engage in conduct deemed disruptive to the ordinary operation of the website.
  • Use AEx 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 AEx.

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

Disclaimers

Accuray does not warrant any accuracy, effectiveness and suitability of any information contained on or presented through AEx.  AEx, the content and the information provided on or through AEx are provided “as is” for informational purposes only. The content published by other AEx members or any statements on AEx 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 AEx. 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 AEx, including without limitation the content and/or the information posted on AEx, your use of AEx, or the use of AEx 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 AEx 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 AEx or other material downloaded through or hyperlinked from AEx.  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 and all claims arising from Your AEx Content or your violation of the AEx Terms of Use.

Linking

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

Governing Law / Venue

The AEx 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 AEx 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 AEx and/or the AEx 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. Accuray’s failure to insist upon or enforce any provision of these AEx Terms of Use will not constitute a waiver of any of our rights under the same.  

Entire Agreement

The AEx 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 AEx 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 AEx Terms of Use without Accuray’s prior written permission

Survival

The AEx 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 AEx Terms of Use.

Notice of Copyright Infringement

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

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