FIND A PROTON CENTER

Terms of Use

Revised: September 2023

The Proton-therapy.org website (this “Site”) is owned and operated by the National Association for Proton Therapy (“NAPT”, “Company” or “we”).  By using this Site, you accept and agree to be bound by, without limitation or qualification, these terms of use (“Terms of Use”), which are entered into by and between you and NAPT (“Terms of Use”) as well by our Privacy Policy, which can be found at https://www.proton-therapy.org/privacy-policy.  These Terms of Use govern your access to and use of the Site, including any content, functionality, and services offered through the Site.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Site.

This Site is offered and available to users who are 16 years of age of older and reside in the United States or any of its territories or possessions.  By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet of all these requirements, you must not access or use the Site.

 

MEDICAL DISCLAIMER / ASSUMPTION OF RISK

1.1     NAPT DOES NOT PROVIDE MEDICAL CARE SERVICES OR MEDICAL ADVICE.  All content, including text, graphics, images, and information, available on or through this Site (“Content”) is for general informational purposes only and is NOT intended to be and should NOT be used as a substitute for in-person professional medical advice, diagnosis or treatment. NEVER DISREGARD IN-PERSON PROFESSIONAL MEDICAL ADVICE, OR DELAY IN SEEKING IT, BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.  NEVER RELY ON INFORMATION ON THIS SITE IN PLACE OF SEEKING PROFESSIONAL MEDICAL ADVICE.

 

1.2     THIS SITE IS NOT INTENDED TO PROVIDE INSTRUCTIONS IN THE EVENT OF AN EMERGENCY. If you believe your condition or situation is life-threatening, please call 911 or your emergency medical system immediately. Do not rely on this Site or any electronic communications with NAPT for assistance with urgent medical needs. We cannot guarantee response times if you choose to use this Site in the event of a medical emergency.

 

1.3     NAPT Not Liable: NAPT IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH THIS SITE OR FROM YOUR PHYSICIAN WHO MAY ACCESS INFORMATION OR SERVICES THROUGH THIS SITE.

 

1.4     No Endorsements: This Site may contain links to third-party websites, products and/or services (each, a “Linked Third-Party Site/Product/Service”). NAPT does not endorse the content on any Linked Third-Party Site/Product/Service.  NAPT is not responsible for and makes no representations or warranties, express or implied, regarding any Linked Third-Party Site/Product/Service. Your use of any Linked Third-Party Site/Product/Service is at your own risk and subject to the terms and conditions of use and privacy policies for such Linked Third-Party Sites/Products/Services.  NAPT is not a referral service and does not recommend or endorse any specific hospitals, providers, physicians or others.

 

1.5     Rely At Your Own Risk: RELIANCE ON ANY INFORMATION ON THIS SITE IS SOLELY AT YOUR OWN RISK.  We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date.  Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

 

NATIONAL ASSOCIATION FOR PROTON THERAPY (“NAPT”) INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS ON USAGE OF SITE AND SITE CONTENT

2.1     Copyrights: All Content, including text, art, graphics, logos, button icons, images, pictures, audio clips, and software is the property of NAPT, our members, partners, third-party licensors, and other providers of such material and is protected by U.S. and international copyright laws.  Except as permitted below, any other use of such Content, including modification, transmission, presentation, distribution, or re-publication is prohibited without the express prior written consent of NAPT.

 

2.2     Trademarks: All trademarks, trade names, logos, brand names, and service marks of NAPT, whether registered or unregistered, are the property of NAPT and are protected by U.S. and international trademark laws. Except as granted in the limited license below, any use of these assets is prohibited without the express prior written consent of NAPT.  In no event may any such assets be used in connection with any product or service that is not NAPT’s, in any manner that is likely to cause confusion or in any manner that disparages or discredits NAPT.  All other trademarks, trade names, brand names, company names and/or logos appearing on this Site are the property of their respective owners.

 

2.3     Permissible Use: Subject to your compliance with these Terms of Use, you may use the material and Content on this Site solely for your own personal/family/household and non-commercial use in accordance with applicable laws. If we provide social media features with certain Content, you may take such actions as are enabled by such features.  You may not modify copies of any materials from this Site or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.  If you violate any provision of these Terms of Use, your permission to access this Site and to use such material and/or Content automatically terminates and you must immediately destroy any copies you have made of any portion of such material.  Any unauthorized use, reproduction or distribution of this Site or any of its Content or materials is strictly prohibited and may result in civil and/or criminal penalties.

If you wish to make any use of material on the Site please address your request to: [EMAIL ADDRESS].

 

2.4     Restrictions on Use: As a condition to your use of the Site and services, you agree you will not: (i) use the Site or services to infringe the intellectual property rights of NAPT or others in any way, including to impersonate or attempt to impersonate NAPT, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with NAPT); (ii) use the Site or services, or attempt to penetrate, modify or manipulate the Site or services or any of the hardware or software thereof, in order to: invade the privacy of, obtain the identity of, or obtain any personal information about any other user of the Site or services; (iii) attempt to access information that is not otherwise deliberately made available to you through the Site or services; (iv) modify, erase or damage any information contained on the computer of any user connected to the Site or services; (v) submit, upload, post or transmit any user-originated content or material that is: unlawful; threatening; harassing; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libelous; hateful; or discriminatory; (vi) interfere in any way with the operation of this Site or any server, network or system associated with this Site; (vii) reverse engineer any portion of the Site or services; (viii) make any other use of the Site or services that violates these terms of use or any applicable law; or (ix) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm NAPT or users of the Site or expose them to liability. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purposes not expressly permitted in writing by NAPT.

In addition, you agree you will not: (i) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (ii) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (iii) use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Site; (v) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (vii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (viii) otherwise attempt to interfere with the proper working of the Site.

2.5     Linking to the Site and Social Media Features: You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part[ without our express [written] consent].

This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send emails or other communications with certain content, or links to certain content, on this Site.
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

 

DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY AND LIQUIDATED DAMAGES; RESERVATION OF RIGHTS

3.1     No Warranty: YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE ENTIRELY AT YOUR OWN RISK AND THAT ALL SERVICES OF NAPT THAT MAY BE RENDERED THROUGH THE SITE OR OTHERWISE ARE PROVIDED “AS AVAILABLE” AND “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NAPT DOES NOT WARRANT THAT ANY SERVICE PROVIDED THROUGH THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; OR THAT ANY DEFECT OR ERROR WILL BE CORRECTED.  NOR DOES NAPT WARRANT THAT ITS SERVICES WILL BE FREE FROM COMPUTER VIRUS STRAINS OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. NAPT DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, MATERIALS, AND SERVICES PROVIDED ON THIS SITE ARE ACCURATE, RELIABLE, COMPLETE, OR CURRENT; OR THAT A PARTICULAR PRODUCT, SERVICE OR PROVIDER YOU SEE ON THIS SITE WILL BE AVAILABLE TO YOU.  SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. BUT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXCLUDE ALL WARRANTIES.

 

3.2     Limitation of Liability: NAPT, ITS AFFILIATES, SERVICES PROVIDERS AND EACH RESPECTIVE ORGANIZATION’S DIRECTORS, MANAGERS, OFFICERS AND EMPLOYEES HEREBY DISCLAIM ANY LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY) FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, DATA OR INFORMATION OF ANY KIND) ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF ITS CONTENT OR MATERIALS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM OR DISPUTE WITH NAPT CONCERNING THIS SITE IS TO STOP USING THIS SITE.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR TOTAL LIABILITY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

3.3     Consent to Electronic Communications and Transactions: When you visit or use this site and the services associated with it or when you send emails to NAPT, you are communicating with NAPT or others electronically. You consent to these methods of electronic communication and consent to NAPT’s access, use and disclosure of personally identifiable information that may be contained in the electronic communications and as set forth in NAPT’s Privacy Policy, which is incorporated herein by reference.

 

3.4     Reservation of Rights: We reserve the right at any time and for any reason, with or without notice, and without liability to you or any other user, to: (1) modify, suspend or terminate the operation or any feature of this Site; (2) restrict, limit, suspend or terminate your and/or any other user’s access to this Site; (3) monitor any user’s use of this Site to verify compliance with these terms of use and/or any applicable law; (4) investigate any suspected or alleged misuse of this Site and cooperate with law enforcement and/or third-parties in such investigation; and (5) disclose information about any user’s use of this Site in connection with law enforcement investigation of alleged illegal activity, or in response to a lawful court order or subpoena.

3.5     Information About You and Your Visits to the Site:  All information we collect on this Site is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

GOVERNING LEGAL PROVISIONS

4.1     Governing Law and Jurisdiction: You agree that these terms of use will be governed by and construed in accordance with the laws of the Commonwealth of Virginia for all purposes without regard to or application of its conflict-of-laws provisions.  You hereby consent to the exclusive jurisdiction and venue of the local, state, or federal courts located in Fairfax County, Virginia.

 

4.2     Severability: If any provision of these terms of use or of any other legal notices posted by NAPT on this Site is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms of use should remain in full force and effect.

 

4.3     Modification: Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms of use or of any other legal notice posted by NAPT on this Site.

 

CHANGES TO THESE TERMS OF USE

5.1     Right to Make Changes: We reserve the right to make changes to these terms of use at any time in our sole discretion.  If we make material changes that would impact your use of this Site, we will endeavor to notify you of the changes, such as by posting a notice directly on this Site, by sending an email notification (if you have provided your email address to us), or by any other reasonable method.

 

5.2     Effectiveness of Changes: By continuing to use this Site after such notice, you agree to be bound by these terms of use as modified. If you do not agree with changes to these terms of use, or if you are dissatisfied with this Site for any reason, your sole and exclusive remedy is to discontinue use of this Site.