Terms of Use
USHIFU, LLC and its subsidiaries and affiliates (the “USHIFU”) provides the content on this website (www.ushifu.com), other USHIFU websites, including (www.internationalhifu.com), and third-party sites on which it maintains a presence (“USHIFU Websites”) in support of its mission to increase and improve patient and physician education about High Intensity Focused Ultrasound. By using USHIFU Websites, the site user accepts and agrees to comply with the following terms (“Terms of Use”).
USHIFU’s Rights to Content
USHIFU owns the compiled content posted on USHIFU Websites, which may include text, images, audio, video, and software (“Content”). However, USHIFU does not necessarily own each component of the Content. The Content that USHIFU makes available on USHIFU Websites may be owned by USHIFU or used in accordance with appropriate permissions or applicable law.
USHIFU makes reasonable efforts to provide notice of any restrictions on Content; however, USHIFU offers no guarantee or assurance that all relevant information is present or correct. It is the site users responsibility to determine what permissions are necessary for the site user to use the Content and, if necessary, to obtain such permissions.
Permitted Uses
Site users are permitted to make “fair use” of the Content as defined by copyright law. http://www.copyright.gov/fls/fl102.html. Determination of “fair use” is the sole responsibility of the site user.
In addition, USHIFU may grant (by explicit acknowledgment from USHIFU) physicians that have completed the necessary training to treat with the Sonablate® 500, a revocable, non-exclusive and non-transferrable right to use certain Content (as determined by USHIFU from time to time) for websites provided that; USHIFU reserves the right to terminate this grant at its discretion and such physicians by posting such Content on their websites agree to comply with these Terms of Use and:
1. Cite the author and source of the Content similarly to the manner in which material from any printed work is cited.
2. Do not remove any copyright, trademark, or other proprietary notices associated with the Content.
3. Comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) that apply to the Content. It is the responsibility of the physician user to confirm any terms or restrictions applicable to Content and avoid their violation.
4. Disclose any financial interest the physician user may have in USHIFU and treatment with the Sonablate® 500.
5. Disclosure that the Sonablate® 500 is only authorized for investigational purposes in clinical trials in the United States by the Food and Drug Administration (“FDA”). Additionally, the physician website cannot promote or advertise a device that is not approved by the FDA only in strict compliance with FDA guidelines. Each physician is responsible for its owns sites compliance with any applicable laws and USHIFU will not warrant or review such compliance. At a minimum information related to the treatment method should be fair and balanced (i.e. include disclosures of the risks and possible side effects of treatment with the Sonablate® 500) and should clearly state that the treatment is not approved in the United States. All physicians are recommended to seek legal counsel concerning the content of their website.
6. Includes the following disclaimer “This website, and the information on this website, is provided by [Insert applicable physician] and is not sponsored, funded, affiliated, endorsed or controlled in any way by USHIFU, International HIFU, or any subsidiary or related entity.”
7. Promptly comply with any request of USHIFU to remove or modify the content of physician’s website reasonably believed by USHIFU to violate any applicable laws, interfere with USHIFU’s intellectual property rights in the Content, otherwise violate these Terms of Use, or potentially mislead users of the physician’s website; provided that physician acknowledges that USHIFU shall not actively monitor physician’s website and any non-compliance with these provisions or the Terms of Use is the sole responsibility of the physician.
Trademarks
Certain of the names, titles, trademarks, service marks, and logos that appear on USHIFU Websites are registered or common law (unregistered) marks of USHIFU. With the exception of fair use, site user may not use USHIFU trademarks without prior written permission.
Trademarks of third parties may also appear on USHIFU Websites from time to time. The site user agrees that nothing on USHIFU Websites shall be construed as granting any license to use any trademark displayed on USHIFU Websites without the appropriate permissions.
Linking from USHIFU Websites
USHIFU Websites may provide links to third party sites which are not under the control of USHIFU. These links are provided as a convenience and for informational purposes only, and they do not indicate USHIFU’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. USHIFU has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.
Linking from USHIFU Websites
By linking a site to a USHIFU Websites, the creator of the link and/or website implicitly agrees that such link will be presented in a manner that does not give the impression that USHIFU endorses, whether expressly or implicitly, any products, services or opinions provided on that website and indicating that following the link will direct the user to another unaffiliated website.
Content Disclaimer
The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. USHIFU shall not be responsible or liable for any damage that may occur due to your use of USHIFU Websites or downloading any Content from USHIFU Websites.
Reservation of Rights
USHIFU reserves the right to modify its Terms of Use and other related policies from time to time without notice to website users; changes shall be effective upon posting. It is the responsibility of the user of Content to ensure that its use is in compliance with the current Terms of Use or other related policies. USHIFU’s failure to enforce any of its rights under these Terms of Use is not and shall not constitute a waiver of such rights under the Terms of Use.
Warranty and Indemnity
The site user represents and warrants, simply by using the USHIFU Websites, that such use will be in compliance with the Terms of Use, including “fair use”. The site user agrees to indemnify, defend and hold USHIFU harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of USHIFU Websites and Content.
Applicable Law and Jurisdiction
These Terms of Use and any amendments or revisions shall be governed by the laws of the State of North Carolina, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in a court with jurisdiction in the State of North Carolina.
