Disclaimer

Welcome to the user agreement ("Agreement") for the SonoSite Users Group Website (the “Site”) operated and owned by Mr Lennard Funk/Blue Media for the benefit of the Sonosite Users Group (the "SUG"), with financial support from SonoSite, Inc.. This Agreement describes the terms and conditions applicable to your access to, and use of the Site, so please read them carefully.

The Site is intended to be a forum for the exchange of information related to SonoSite® products.

DISCLAIMER

The materials and content available on the Site are for educational purposes only, and are not a source of medical decision-making advice.

You acknowledge that this website may contain information, communications, software, photos, text, video, graphics, music, sounds, images and other material and services (collectively "Content"), which is generally provided by the SUG. You agree and acknowledge that, notwithstanding that you are permitted access to the Content, the Content or its use or the use of this Site may be protected by patents, copyrights, trademarks, design rights, rights in relating to databases, rights in or relating to confidential information and other proprietary rights (including intellectual property rights), that these rights are valid and protected in all media now existing or later developed, and that except as specifically provided in this Agreement, your use of the Content shall be governed and constrained by applicable patent, copyright, trademark and other intellectual property laws. Modification or use of the Site and/or the Content for any commercial purpose is a violation of patent, copyright and other proprietary rights owned by the SUG and third parties. In addition to the SUG’s and its licensors' rights in individual elements of the Contents, the SUG or another third party owns a copyright in the selection, coordination, arrangement and enhancement of the Content. You may download Content for educational and research purposes, but you may not otherwise modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the Site and/or any of the Content, in whole or in part.

YOUR CONDUCT ON THE SITE

If you upload, post, e-mail or otherwise transmit content, data, information or other materials (collectively, "User Content") for display on the Site, you will be responsible for all such User Content that you upload, post, email or otherwise transmit using the Site. Likewise, you are responsible for complying with all third party rights with respect to all such User Content that appears on the Site and not to download, email or otherwise transmit such User Content in violation of such third party's rights. By submitting User Content, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such User Content and you indemnify and hold harmless SUG from any action that may be brought by a third party in respect of such User Content and any judgements, liabilities and costs that result directly ro indirectly from such action..

You are expressly prohibited from placing any message in any User Content or any product, good or service or otherwise transmitting through or posting on the Site (including in any e-mail message or any chat board posting) any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). Prohibited Conduct expressly includes any transmission to people or other entities on mailing lists that you do not have full rights to use.

You may not collect or store personal data of other users of the Site without the prior, written permission of such user(s).

You may not directly or indirectly, intentionally disrupt or interfere with the Site in any manner that may adversely affect the SUG or any user of the Site.

You may not upload, post, email or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities.

YOUR WARRANTIES

By your use of the Site, you represent and warrant that you have all the rights necessary to receive, use, transmit and disclose all data that you use in any way with the Site. You further represent and warrant that, where applicable, your and your employees and agents use of the Site and of any data input into or generated by the Site shall comply with all applicable laws, regulations and ordinances. You agree and acknowledge that you are solely responsible for any liabilities, fines, penalties or forfeitures occasioned by any such violations or lack of rights.

YOUR RESPONSIBILITIES

You further agree and acknowledge that you are solely responsible for inputting and retrieving data using the Site, and for the accuracy and adequacy of information and data furnished using the Site. You have full responsibility for the care and well being of patients and any reliance on the Site shall not diminish that responsibility. You are responsible for establishing such procedures as you deem appropriate in your professional judgment to verify the accuracy of data transmitted hereunder and to provide backup procedures for any loss of data or unavailability of the Site. You acknowledge and agree that by providing the Site hereunder, the SUG is not rendering medical or other health care services or engaged in the practice of medicine and shall not be liable to any party for any act or failure to act relating thereto, in addition to any limitation of liability provisions contained in this Agreement.

CHANGES

The SUG may change any and all content contained on this Site at any time without notice and you should visit this page from time-to-time to review the then-current terms as these are binding on you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise in any Content including any User Content does not constitute or imply endorsement, sponsorship or recommendation thereof by (i) the SUG, or (ii) by SonoSite, Inc. or any of SonoSite, Inc.’s affiliates or subsidiaries (together, the “SonoSite Group”).

PRIVACY POLICY

Our privacy policy may be viewed at [insert link]. The terms and conditions of the Privacy Policy are incorporated by reference herein.

DISCLAIMER OF CONTENT

This website (the “Site”) is maintained and operated by the SonoSite Users Group (the “SUG”). SUG is an independent organization that is not controlled by or affiliated with SonoSite, Inc. or its subsidiary companies. SonoSite, Inc. provides financial support for the Site only, but does not provide Content, or monitor the Content provided by SUG parties.

Neither the SonoSite Group nor any of its individual members have any responsibility for the content of the Site. Users of the Site are advised that the statements and opinions expressed herein are those of the authors and other Users, and are not necessarily those of any member of the SonoSite Group.

The information provided herein is provided on the understanding that the SonoSite Group is not engaged in rendering professional medical services or advice. SonoSite does not verify the Content placed on this Site and therefore, cannot judge the merits or lack thereof, of any Content and disclaims any liability or responsibility for the consequences of any actions taken in reliance on statements, opinions or other Content contained on the Site, or the use or misuse of information contained in the discussion forums or other areas of the Site.

The information contained herein is not intended to establish policy, procedure or a standard of care, and is not intended or recommended as a substitute for professional medical advice.

SonoSite equipment should always be used in accordance with SonoSite User Guides and other documentation provided to purchasers of SonoSite products.

You understand and acknowledge (a) that the SUG does not assume any responsibility to screen or review Content and/or User Content that is originated by parties other than the SUG, (b) the SonoSite Group does not assume any responsibility to screen or review Content and/or User Content, and (c) that the SUG shall have the right, but not the obligation, in its sole discretion to review, refuse, monitor, edit or remove any Content and/or User Content that is available on the Site. The SUG and the SonoSite Group expressly disclaim all responsibility or liability to you or any other person or entity for the performance or non-performance of such Content and/or User Content review. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT AND/OR USER CONTENT.

YOUR SUBMISSIONS

If you contact the SUG with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding the Site, the Content of the Site or any item on the Site (collectively, "User Feedback"). The User Feedback shall be deemed to be non-confidential and the SUG shall have no obligation of any kind with respect to the User Feedback. In addition, you agree and acknowledge that the SUG shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the User Feedback to others without limitation, and to authorize others to do the same. Further, The SUG shall be free to use any ideas, concepts, know-how or techniques contained in the User Feedback for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the User Feedback. the SUG shall not be liable or owe any compensation for the use or disclosure of the User Feedback.

LINKS

The Site may provide, or third parties may provide, links to other web sites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by the SUG with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and the SUG is not responsible in any manner (including without limitation with respect to any loss or injury you may suffer) for any matter associated with the linked site, including without limitation, the content provided on or through any such linked site or your reliance thereon. THE SUG MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE. YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site, including the privacy policies (or lack thereof) of such site. The SUG does not accept any responsibility or liability for any content, practices or privacy policies which may relate to third party web sites.

"AS IS" BASIS

THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER

THE SUG AND THE SONOSITE GROUP DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. SONOSITE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SONOSITE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE THE SUG ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, THE SUG CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE SUG OR ANY MEMBER OF THE SONOSITE GROUP BE LIABLE FOR ANY DAMAGES, DIRECT LOSSES, SPECIAL LOSSES, INDIRECT LOSSES OR CONSEQUENTIAL LOSSES, OR ANY OTHER LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF, OR LOSS OF USE OF ANY SOFTWARE OR DATA, LOSS OF SALES, LOSS OF TURNOVER, LOSS OF OR DAMAGE TO BUSINESS OR REPUTATION, LOSS OF USE OF ANY COMPUTER OR EQUIPMENT OR PLANT, WASTED MANAGEMENT OR OTHER STAFF TIME, (WHETHER PARTIAL LOSS OR REDUCTION IN VALUE AS WELL AS TOTAL LOSS) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE SONOSITE GROUP (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE EXCEED £100.00.

NOTWITHSTANDING THE FOREGOING, NOTHING IN THESE TERMS OF USE LIMITS OR SEEKS TO LIMIT ANY PARTY'S LIABILITY IN RELATION TO DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION.

INDEMNITY

You agree to indemnify and hold the SUG and the SonoSite Group, and their respective officers, directors and employees harmless from any claim or demand, and any judgement, liabilities and costs arising directly or indirectly from such claims or demand including attorneys' fees, made by any third party due to or arising out of your use of this Site, your breach of this Agreement, or your violation of any law or the rights of a third party, or any dispute arising between you and another user.

GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales, without resort to their conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in courts located in London, England, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

TERMINATION

Notwithstanding any of these terms and conditions, the SUG reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

SEVERABILITY

If any provision of these terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

THIRD PARTY RIGHTS

No term under these Terms of Use is enforceable under the Contracts (Rights of Third Parties) Act 1999.

TRADEMARK INFORMATION

Sonosite® is a trademark of SonoSite, Inc.. Other trademarks are either owned by the SUG or its affiliated entities or are used with the permission of their respective owners. You agree not to use or display trademarks without the prior written consent of the SUG or the owner of such mark.

INTELLECTUAL PROPERTY POLICY

The SUG reserves the right to terminate this Agreement in appropriate circumstances if you infringe upon the intellectual property rights of any third party.