Society of Diagnostic Medical Sonography

TERMS OF USE

Effective Date: ​December 1, 2015

Please read the following carefully as it governs your use of the SDMS website, which is owned exclusively by the Society of Diagnostic Medical Sonography ("SDMS"). By your use of the SDMS website, you expressly agree and consent to the following Terms of Use:

1. SCOPE OF AGREEMENT. These Terms of Use apply to any user who accesses the SDMS website and apply to all content and services made available through the SDMS website, including the SDMS CME Tracker.

2. LIMITED LICENSE GRANTED. The SDMS grants users with a non-exclusive, non-transferable, revocable license to access and use the SDMS website strictly in accordance with this Agreement and solely for personal, non-commercial purposes.

3. USER OBLIGATIONS. Your license for access and use of the resources on the SDMS website is subject to the following user obligations.  You agree to:

3.1      When setting up an account or initiating a financial transaction on the SDMS website, provide true, accurate, current, and complete information.

4. USER RESTRICTIONS AND PROHIBITIONS. Your license for access and use of the SDMS website is subject to the following restrictions and prohibitions on use.  You agree NOT to:

4.1.     Provide false, inaccurate, or misleading information on the SDMS website.  

4.2      Sign in as another person or edit, modify, or delete any profile information or other records saved by any other person.

4.3      Attempt to violate or circumvent the security of the SDMS website or any SDMS system or to access data not intended for your use.

4.4      Share your SDMS website login username and password with others or allow others access resources intended for you. You are responsible for maintaining the confidentiality of your login username and password and are responsible for all uses of your account, whether or not authorized by you.

4.7      Copy, print (except for the express limited purposes permitted), modify, adapt, translate, reverse engineer, decompile, disassemble, republish, display, distribute, transmit, sell, license, rent, lease, loan, or otherwise make available in any form or by any means all or any portion of the SDMS website, except with written permission from the SDMS.

4.8      Use the SDMS website as a component of any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.

5. PROPRIETARY RIGHTS. The SDMS website and all right, title, and interest in the SDMS website are the sole property of the SDMS and protected by U.S. copyright and international treaties. The SDMS reserves all other rights, titles, and interests. The "look" and "feel" (including color combinations, button shapes, layout, design, and all other graphical elements) of the SDMS website are protected by SDMS's trademarks, service marks, or copyrights. All other product and service marks contained on the SDMS website are the trademarks of their respective owners. You agree that the SDMS website contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

6. LIABILITY FOR VIOLATIONS OF TERMS OF USE. Your violation of the Terms of Use may result in civil or criminal liability. The SDMS will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting users involved in such violations. If the SDMS determines you misled the SDMS or violated the Terms of Use, we reserve the right to terminate this Agreement and restrict or prevent your use of the SDMS website. It is your responsibility to ensure that your use of the SDMS website complies with these Terms of Use and all applicable laws. The SDMS may also report your violation of the Terms of Use to an employer or certification, credentialing, or accreditation organization.

7. REPRESENTATIONS AND WARRANTIES. The SDMS has made every effort to ensure the SDMS website works as designed, however, the SDMS makes no representations or warranties with respect to SDMS website which is provided on an "as is" and "as available" basis.  The SDMS disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. The SDMS assumes no responsibility for the timeliness, deletion, incorrect delivery, or failure to store any information associated with the SDMS website or membership records.

8. LIABILITY DISCLAIMER. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SDMS, ITS AFFILIATED ORGANIZATIONS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE SDMS WEBSITE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SDMS WEBSITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SDMS WEBSITE.

9. GENERAL TERMS.

9.1 Entire Agreement. These Terms of Use constitute the entire agreement between you and the SDMS and govern your use of the SDMS website, superseding any prior agreements between you and the SDMS with respect to the SDMS website.

9.2 User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, you have no rights with respect to any dissatisfaction with any modification or discontinuation of service made by the SDMS or any policies or practices in providing this SDMS website, including without limitation, any change in content or functionality. In no event shall you seek or be entitled to rescission, injunctive, or other equitable relief, or to enjoin or restrain the operation of the SDMS 's services or any content or other material used or displayed through the SDMS website.

9.3 Choice of Law and Forum. The Terms of Use and the relationship between you and the SDMS shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and the SDMS agree to submit to the personal and exclusive jurisdiction of the courts located within Dallas County, Dallas, Texas.

9.4 Waiver and Severability of Terms. The failure of the SDMS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 remain in full force and effect.

9.5 Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SDMS website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

9.6 Amendment. The SDMS reserves the right to update or amend these Terms of Use at any time without notice by posting updated Terms of Use to the SDMS website.

9.7 Term and Termination. This Agreement is effective until terminated. The SDMS, at its sole discretion, may terminate your access to or use of the SDMS website, at any time and for any reason. Such termination, including deactivation or deletion of your account or profile, and all related information associated with it may occur without prior notice. The SDMS shall not be liable to you or any third party for any termination of your access to the SDMS website. Sections 5 - 9 shall survive termination of this Agreement.

9.8 Notice. For purposes of service messages and notices about the services to registered users of the SDMS website, notice shall consist of an email from the SDMS to the email address in your SDMS website profile, regardless of any other information we may have. The SDMS also may, at its option, communicate with you through a SDMS membership account or through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with the SDMS website. The SDMS shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability for failure to receive important information about the SDMS website.

9.10 Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

9.11. Privacy Information. The SDMS recognizes the importance of protecting the information that we collect from users during their use of the SDMS website. The information collected is used for providing and improving our services. This includes operating the services, maintaining, and improving the performance of the services, including developing new features, research, and providing customer support. Examples of such uses include the following.

  • Providing the Services. The SDMS may use data to complete your transactions with the SDMS and to provide our services to the user. This includes information in our member profile and the SDMS CME Tracker. The SDMS website services may also include personalized features and recommendations that enhances or tailors the website experience based on the user’s activities, interests, and location.
  • Service Improvement. The SDMS uses data to continually improve our services, including adding new features or capabilities, such as using search queries to improve the relevancy of the search results.
  • Security, Safety and Dispute Resolution. The SDMS uses data to protect the security and safety of our services and our customers, to detect and prevent fraud, and to resolve disputes and enforce our agreements. The SDMS systematically scans content in an automated manner to identify suspected spam, viruses, abusive actions, or URLs that have been flagged as fraud, phishing, or malware links. The SDMS may block delivery of a communication or remove content if it violates our terms.
  • Business Operations. The SDMS uses data to develop aggregate analysis and business intelligence that enable the SDMS to operate, make informed decisions, and report on the performance of the services.

10.0. SDMS Contact. If you have questions about any of the provisions described above, please contact the SDMS at executive@sdms.org.