Give A Scan - License Agreement

END USER AGREEMENT AND DISCLAIMER

This is a binding agreement. Below are the terms and conditions that apply to access and use of the Lung Cancer Alliance ("LCA") Give A Scan website (the "Site") by you, the user, and any institution or company on whose behalf you are using the Site. By accessing any content on the Site and in consideration for it, you agree to be bound by all of the terms and conditions below. If you disagree with these terms and conditions, you cannot use this Site or its content. References to LCA include the owner, operator and host of this website, as well as their respective affiliates, directors and officers, employees, staff, contributors, successors and agents.

LCA reserves the right to modify these terms and conditions at any time by posting the changes here and you agree to check here periodically for any modifications. You will be bound to changed terms when you access the Site after the modifications have been posted.  LCA may also change or delete the content of the Site, and suspend or terminate access to the Site or any feature of the Site to all or some users, in its sole discretion and without notice.  Your right to access and use the Site content terminates immediately and without notice if you fail to follow the terms and conditions noted below.  Despite any termination, these terms and conditions will continue to apply to all images and other information you have obtained from the Site for as long as you have them in your possession or control in any medium. Anyone receiving copies of the images or related information in any medium is bound to these terms and must be notified of them.

PERMISSIBLE USE OF SITE CONTENT
The Site provides access to an online database of computer tomography (CT) lung scan images and additional anonymous patient data with the hope of advancing research relating to the detection and treatment of lung cancer.   Access and use of the images, materials and other information available through the Site is intended for lawful educational, research, scholarly and imaging/treatment development purposes. You agree that the images and other content of the Site must not be used or relied upon for making diagnostic, clinical, or treatment decisions.

Images and related data may not be modified or altered on the website, and copies of the images or related data may not be sold or made a part of a compilation of images that is sold as a database, except with the prior, written permission of LCA. All public display of the images or data, including as part of scholarly articles or conference materials, must be accompanied by the following statement "Data made available by the Lung Cancer Alliance's (LCA) Give-A-Scan Project."

Images and related data are made available on an anonymous basis without identifying the subject patient to protect patient privacy. You must not, directly or with the assistance of others, attempt to derive the identity of the patient or any other personally identifiable information (including any Protected Health Information as defined by the Health Insurance Portability and Accountability Act (HIPAA)) of the patient, and any such attempt may be illegal and subject you and your institution to claims by LCA or the contributors of the information, and related legal damages and other remedies. If you become aware that the patient name or other patient identifiable information has been disclosed on the images or the related patient data, you agree to cease all further use of such images and patient data, destroy the copies that contain the patient name or other identifiable information, and notify us promptly so that we may anonymize the materials and information.

DISCLAIMER OF WARRANTIES AND LIABILITY
LCA ASSUMES NO RISK OR OBLIGATION FOR YOUR USE OF THIS SITE. THE IMAGES, RELATED PATIENT PROFILE INFORMATION AND CONTENT ON THE SITE ARE MADE AVAILABLE AS IS, WITH ALL FAULTS, AND YOU AGREE TO ASSUME ANY AND ALL RISKS AND LIABILITIES RESULTING FROM THEIR USE.  LCA IS NOT RESPONSIBLE FOR ANY OMISSIONS OR ERRORS IN THE IMAGES, PATIENT PROFILE INFORMATION, MATERIALS AND OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE AND YOU USE THEM AT YOUR OWN RISK.  YOU MUST ADVISE ANY THIRD PARTY WITH WHOM YOU SHARE THE IMAGES, RELATED DATA OR OTHER CONTENT OF THE DISCLAIMERS AND LIMITATIONS SET FORTH HEREIN AND THE APPLICABILITY OF THESE TERMS OF USE.
 
LCA DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS, IMPLIED OR EXPRESS OR STATUTORY, AS TO THE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, TIMELINESS AND/OR USEFULNESS OF ANY OF THE IMAGES, PATIENT PROFILE INFORMATION OR OTHER CONTENT AVAILABLE OR REFERENCED  ON OR THROUGH THE SITE.  YOU AGREE THAT IN NO EVENT WILL LCA OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, THE IMAGES, THE RELATED PATIENT PROFILE INFORMATION OR OTHER CONTENT OR ANY SITE LINKED TO THIS WEBSITE, BE LIABLE TO YOU OR YOUR EMPLOYERS FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THIS SITE AND/OR ITS LINKS.

WITHOUT LIMITATION OF THE FOREGOING, YOU AGREE THAT LCA AND ITS CONTRIBUTORS AND CONTRACTORS ARE NOT LIABLE FOR DAMAGES OF ANY TYPE ARISING IN ANY MANNER OR RELATED TO THIS SITE, THE IMAGES, THE RELATED PATIENT PROFILE INFORMATION OR OTHER CONTENT AND LINKS, INCLUDING WITHOUT LIMITATION COMPENSATORY, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND OTHER SUCH DAMAGES. TO THE EXTENT THAT YOU ARE FOUND TO HAVE A RIGHT TO DAMAGES ARISING IN ANY MANNER OR RELATED TO THIS SITE OR ANY OF ITS CONTENT AND LINKS, YOU AGREE THAT SUCH DAMAGES MAY NEVER EXCEED US$50 IN THE AGGREGATE FOR ANY AND ALL CLAIMS GIVING RISE TO SUCH DAMAGES.

YOU FURTHER AGREE THAT THE DISCLAIMERS AND LIMITATIONS SET FORTH ABOVE ARE REASONABLE IN LIGHT OF THE PUBLIC SERVICE NATURE OF THE LCA SITE AND MISSION AND THE AVAILABILITY OF THE SITE AND ITS CONTENT FOR NOMINAL OR NO FEES.

UPDATES AND MAINTENANCE
LCA undertakes no obligation to maintain or update the content on the Site or to provide notice of any errors, defects or inaccuracies on the Site content of which it may become aware.  You may send to LCA notice of any mistakes, corrections, additions, or suggestions relating to Site content and/or information on studies or clinical trials to info@LungCancerAlliance.org. You agree that LCA and its agents and partners may for as long as deemed desirable store, copy, use, distribute, modify and display your submissions in connection with the Site and the related database for use by Site users and others linking to it or receiving information from it without owing any compensation for such use.  LCA reserves the right to determine which user contributions to add to the Site and whether or not to make any corrections to the Site.

Deny | Accept