The information contained in the LISTSERVE only represents the personal views and opinions of the submitting authors. They do not represent the opinions, policies, or endorsement of NASPAG or the administrator of the LISTSERVE, nor are they intended to reflect NASPAG legal or medical advice or the standard of care for patient management. Although a moderator reviews each post, LISTSERVE messages are not monitored for accuracy or for supporting evidence. Further, the practice of medicine changes and evolves and can vary by location, institution, or provider. Visitors and subscribers are advised to verify the information independently before making any medical or clinical decisions based upon information obtained herein.
Therefore, the Society makes no warranties regarding the accuracy or correctness of the information provided in the LISTSERVE and accepts no liability for damages of any kind resulting from reliance on the information provided on this service. Each user expressly waives any and all rights of action he or she may have against the Society and its officers, directors, employees and agents arising out of use and/or reliance on the information on this service.
Member agrees, represents, and warrants that he/she shall use this LISTSERVE for lawful purposes only. Member shall not use the LISTSERVE in any manner that would violate or infringe upon the rights of others or would be unlawful, conspiring, threatening, abusive, harassing, fraudulent, libelous, defamatory, invasive of public or private rights, vulgar, obscene, indecent, or otherwise objectionable or encourages conduct that would constitute a criminal offense, give rise to a civil liability or violate any other law.
With respect to the antitrust laws, messages shall not be posted if they encourage or facilitate members to arrive at any agreement which either expressly or impliedly leads to price fixing, a boycott of another's business, or other conduct which is intended to illegally restrict free trade.
Member shall not use the LISTSERVE in any manner which would violate or infringe upon any common law or statutory rights of any third party including, without limitation, any intellectual property rights or any contractual rights; violate the right of privacy or publicity; or constitute the invasion or infringement of any other personal property right, of any third person or entity.
Member shall not upload files that contain viruses, corrupted files, or any other software, programs, or materials that may damage the operation of another's computer. Member further agrees that any material downloaded or otherwise obtained through the use of the LISTSERVE is done at Member's own discretion and risk and that Member will be solely responsible for any damage to Member's computer system or loss of data that results from the download of such material and/or data.
An additional non-exhaustive list of prohibited uses of the LISTSERVE including the following:
- Members should not reveal personal health information of any person or any other information that would violate privacy laws, including but not limited to HIPAA.
- All postings shall be of an informational and educational nature only. Commercial use of the LISTSERVE is prohibited. Do not use the LISTSERVE to solicit or conduct business, including the direct or indirect marketing of users' products or services, and do not provide information, materials, products, or services in exchange for compensation of any kind.
Member hereby agrees to indemnify and hold harmless the Society, its officers, directors, employees, agents, successors and assigns from and against any and all liability, actions, demands, losses, damages (including, without limitation, direct, indirect, actual, general, incidental, special, lost profits, or consequential), injuries, costs, expenses (including attorney fees and court costs), or claims of any and every kind whatsoever, paid, incurred, or suffered by, or asserted against, the Society, its officers, directors, employees, agents, successors, and assigns, arising out of, or associated in any manner with Member's violation of any term of this Disclaimer or Member's use or misuse of this listserv (including Member's inadvertence, negligence, gross negligence, or any breach of any term of this Disclaimer), and shall reimburse and fully pay the Society for any such loss and expenses.
3.DISCLAIMER OF WARRANTIES
MEMBER USES THE LISTSERVE AT HIS OR HER OWN RISK AND ACKNOWLEDGES THAT THE LISTSERVE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO REPRESENTATIONS OF ANY KIND BY THE SOCIETY THAT THE LISTSERVE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.
THE SOCIETY ALSO MAKES NO REPRESENTATION OR ENDORSEMENT WITH RESPECT TO ANY OTHER WEB SITE WHICH IS OPERATED BY THIRD PARTIES AND WHICH MAY BE ACCESSIBLE BY HYPERLINK THROUGH THE LISTSERVE AND IS NOT RESPONSIBLE FOR THE CONTENT OF SUCH OTHER WEB SITES.
THE SOCIETY MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT, WITH RESPECT TO THE LISTSERVE, ITS USE, OPERATION, OR SUPPORT, OR IN ANY OTHER REGARD.
4. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SOCIETY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, LOST PROFITS, OR CONSEQUENTIAL DAMAGES RELATING IN ANY MANNER TO THE LISTSERVE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S COMMUNICATIONS, OR OTHER MATERIALS, EVEN IF THE SOCIETY HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES.
5. TERMINATION; SURVIVAL
The Society, for no reason or any reason (including Member's violation of any provision of this Disclaimer), may immediately and without notice to Member terminate Member's ability to access and use the listserv. The terms of this Disclaimer shall survive the period during which Member has access to the listserv.
6. GOVERNING LAW
If any provision of this Disclaimer or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Disclaimer and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law.