Terms and Conditions

SOLAS® Terms of Use

 Applicability

The terms and conditions set forth below (the “Terms of Use”) shall apply to your use of this website, www.lateralaccess.org (the “Site”), including any content and functionality offered on the Site and regardless of whether you gain access to the Site through the above URL or any other URL that resolves to the Site. The Site is owned, operated and made available by Stichting Society of Lateral Access Surgery , a foundation, incorporated under the laws of the Netherlands, with its registered seat at the Hague, the Netherlands, registered with the Dutch Trade Register of the Chamber of Commerce under number 64315096 (“SOLAS”). General terms and conditions used or applied by you shall not be applicable to your use of the Site, unless expressly stipulated otherwise in an agreement and agreed upon in writing by SOLAS.

 

Acceptance of the Terms of Use

By accessing or using this Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do not agree to all of these terms, you should not access or use this Site.

 

Modification of the Terms of Use

These Terms of Use may be revised and amended by SOLAS at any time and at its sole discretion. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Site after such posting, you will be deemed to have accepted such amendments. You are encouraged to regularly review any applicable terms and conditions.

 

Minimum Age

You must be the age of eighteen (18) years and over to use the Site. You represent, acknowledge and agree that you are at least eighteen (18) years of age.

 

Privacy Statement

Personal data provided or collected through or in connection with this Site shall only be used in accordance with SOLAS’ Privacy Statement and these Terms of Use are subject to the Privacy Statement, as posted on this Site (http://www.lateralaccess.org/privacy).

 

Registration / SOLAS® Membership

Accessing certain areas of the Site and using certain functions or features of the Site may require you to register. The registration for a SOLAS membership is (at this moment) free of charge. When you register, you must choose a unique user name and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and email addresses are not allowed. We will send you a confirmation email with your registered information including a unique password to log in to the member-only area of the Site. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by email at info@lateralaccess.org. We may, at our own discretion, bar registration from any specific e-mail service or ISP.

 

General Use Restrictions

SOLAS provides content and services through this Site. Certain information, documents and services provided on and through this Site, including content, logos, graphics and images (together, the “Materials”) are provided to you by SOLAS and are the copyrighted and/or trademarked work of SOLAS or SOLAS’ contributors.

SOLAS grants you a limited, personal, non-exclusive and non-transferable license to use and to display and to make one copy of the Materials and to use the services, this Site solely for your personal use (the “License”). Except for the case of a License, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Materials in any manner. This License terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this License, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to this Site, any Materials.

 

Third Party Content and Websites

Certain information and other content may be provided by a third party to SOLAS (the “Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer, solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content.

SOLAS is in no way responsible for the Third Party Content or any site owned by a third party that may be linked to the Site via hyperlink, whether or not such hyperlink is provided by the Site or by a third party in accordance with the Terms of Use. Any link on our Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Site may link, and we take no responsibility therefor.

SOLAS hereby expressly disclaims all further representations and warranties of any kind, express, implied and statutory, including warranties of merchantability, fitness for any particular purpose or non-infringement.

 

Testimonials

You acknowledge that you are responsible for the testimonials that you submit to the Site (each a “Testimonial”), and that you, and not SOLAS, have full responsibility for each such Testimonial you make, including its legality, reliability, and appropriateness and you agree that your Testimonial is accurate. You agree that any Testimonial provided by you in connection with this Site is provided on a non-proprietary and non-confidential basis. You agree that SOLAS is free to use a Testimonial for any purpose and you grant SOLAS a sublicensable, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, modify and prepare derivative works of the Testimonial. You acknowledge and agree that SOLAS may refuse to use, modify, delete or remove any Testimonials; with or without cause and with or without notice, for any reason or no reason, or for any action that SOLAS determines is inappropriate or disruptive to this Site or to any other user of this Site and/or services.

 

Proprietary Rights

Copyright and all other proprietary rights in the content and functionality provided by SOLAS, its affiliates, subsidiaries and/or partners, the software to operate and publish the Site, the compilation of data on the Site, and the order, sequence and arrangement of this Site, all belong to SOLAS and/or its partners or licensors. All rights in the content not expressly granted herein are reserved.

SOLAS is a registered trademark of SOLAS. Other trademarks, names and logos on this Site are the property of their respective owners. The use and registration of SOLAS is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the SOLAS name or any name similar thereto or any name which consists of a part of the SOLAS name forms part nor shall it include any other registered trademark owned by SOLAS.

Unless otherwise specified in these Terms of Use, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole properties of SOLAS. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

 

Disclaimer

Your use of this Site and/or the services is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by SOLAS, and they may include inaccuracies or typographical or other errors. SOLAS does not warrant the accuracy or timeliness of the Materials or the Third Party Content contained on this Site. SOLAS has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by SOLAS or our licensors. It is your responsibility to independently investigate the accuracy and completeness, of the Materials and/or Third Party Content on this Site. The Materials and the Third Party Content may be used as a guide for travel planning purposes but should not be used as a substitute for professional travel advice.

SOLAS, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the Site or the services offered on the Site, any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Site, including without limitation the Materials and the Third Party Content. Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, this Site, the services, the Materials, Third Party Content, and any information or material contained or presented on this Site, is provided to you on an “as is”,  “as available” and “where-is” basis with no warranties of any kind, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement of third party rights.

The information available through this site is for informational purposes only. The information is not intended to be a substitute for professional medical advice or a diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this site!

SOLAS does not recommend or endorse any surgeons, physicians, opinions, or other information that may be mentioned or found on the Site. Reliance on any information provided by the Site, is solely at your own risk.

 

Limitation of Liability

In no event shall SOLAS or any of its subsidiaries, affiliates or partners or suppliers be liable for any indirect, consequential, punitive or incidental or other damages resulting from, arising out or in connection with the access, use, or inability to access or use the Site.

 

Indemnification and Release

You agree to indemnify and hold harmless SOLAS, its subsidiaries, affiliates and partners and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other Testimonial you submit on the Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other Testimonial posted by you, SOLAS reserves the right to reveal your identity and any other information SOLAS may have about you.

If you have a dispute with one or more users, you release SOLAS, its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

Modification or Shut-Down of the Site

SOLAS reserves the right to discontinue or make changes or updates with respect to the Site or the content or functionality of the Site at any time without notice. SOLAS has the sole right to shut down the Site or any part thereof at any time and at its sole discretion without notice or consent. SOLAS does not accept responsibility or liability for failure to store or delete any Materials, Third Party Content and/or Testimonials submitted to the Site.

 

Restriction or Termination of Access

SOLAS reserves the right to restrict, refuse or terminate access of any person to the Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

 

No Waiver

No failure on the part of SOLAS to enforce any part of these Terms of Use shall constitute a waiver of any of SOLAS’ rights under these Terms of Use, whether for past or future actions on the part of any person. Only a specific, written waiver signed by an authorized representative of SOLAS shall have any legal effect.

 

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

 

Applicable Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to, them, shall be exclusively governed by and construed in accordance with the laws of the Netherlands. All disputes arising in connection with these Terms of Use, including disputes concerning the existence and validity thereof, shall be resolved by the competent courts of Amsterdam, the Netherlands.

This Terms of Use Statement was last updated: 03-17-2016