Policies and Disclaimers - NCBI

Disclaimer

Disclaimer

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. The disclaimer statement for websites, pages, documents, videos, images, sound files and computer codes created by the NSW Department of Industry. Legal Disclaimer. Intertek has made every attempt to ensure the accuracy and reliability of the information provided on this website.

Disclaimer - think

William de Morgan

British Dictionary definitions for disclaimer

disclaimer


noun

a repudiation or denial

Collins English Dictionary - Complete & Unabridged 2012 Digital Edition © William Collins Sons & Co. Ltd. 1979, 1986 © HarperCollins Publishers 1998, 2000, 2003, 2005, 2006, 2007, 2009, 2012

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Disclaimer

Any statement intended to specify or delimit the scope of rights and obligations

For other uses, see Disclaimer (disambiguation).

For Wikipedia's disclaimers, see Category:Wikipedia disclaimers.

Disclaimers often concern public safety or business relationships, or, as shown here, may be of a personal nature. Publishing disclaimers is an attempt to provide constructive noticeto possible claimants.

A disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship. In contrast to other terms for legally operative language, the term disclaimer usually implies situations that involve some level of uncertainty, waiver, or risk.

A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.

Disclaimers vary in terms of their uniformity. Some may vary depending on the specific context and parties involved, while other types of disclaimers may strictly adhere to a uniform and established set of formalities that are rarely or never modified, except under official authority. Some of these formal disclaimers are required pursuant to industry regulation, qualification for protection under a safe harbor, and other situations where the exact wording of a particular clause or document may be dispositive in the event of a legal dispute. (See e.g., Product liability, Toxicity Class, Rule against perpetuities, Public Health Cigarette Smoking Act.)

The presence of a disclaimer in a legally binding agreement does not necessarily guarantee that the terms of the disclaimer will be recognized and enforced in a legal dispute. There may be other legal considerations that render a disclaimer void either in whole or part.

Tort law[edit]

Sign on bridge, warning: "Use at own risk"

In law, a disclaimer is a statement denying responsibility intended to prevent civil liability arising for particular acts or omissions. Disclaimers are frequently made to escape the effects of the torts of negligence and of occupiers' liability towards visitors. The courts may or may not give effect to the disclaimer depending on whether the law permits exclusion of liability in the particular situation and whether the acts or omissions complained of fall within the wording of the disclaimer.

A disclaimer may take effect as a term of the contract between the person making the disclaimer and the person who is thereby prevented from suing. This kind of disclaimer is, for example, invariably found in the 'terms and conditions' that a software user is confronted with when first installing the software. There will often be term(s) excluding any liability for any damage that the software might cause to the rest of the user's software and hardware. By clicking "I Agree" in the dialogue box, users are agreeing to this disclaimer as matter of contract between themselves and the software company.

Disclaimer of liability for "equine professionals" (Indiana)

At common law, disclaimers can also have effect as conditions of a license (i.e. permission) to enter land. An occupier of land will have certain duties to take care for the personal safety of people he or she allows onto the premises. By placing a sign at the entrance to the premises, such as "visitors enter at their own risk", the occupier may be able to stop entrants successfully suing in tort for damage or injury caused by the unsafe nature of the premises. Warnings or disclaimers contained in signs may, by a slightly different legal analysis leading to the same result, allow the person who would otherwise be responsible to rely on the defense of consent.

Under UK law, the validity of disclaimers is significantly limited by the Unfair Contract Terms Act 1977. By virtue of the Act, a business cannot use a contract term or a notice to exclude or restrict its liability for negligence causing death or personal injury. In the case of other loss or damage, a disclaimer will only be effective so long as it is reasonable in all the circumstances. The common law in other nations may also place legal limits on the validity of disclaimers; for instance, the Australian Competition and Consumer Commission has previously successfully sued Target Australia for the usage of inaccessible disclaimers in advertisements (the televised advertisements in question contained disclaimers that were only shown on screen for 1.50 seconds).

In the United States, disclaimers on the sale of goods are covered by Article 2 of the Uniform Commercial Code, but details vary by state. Unless considered unconscionable, disclaimers are generally enforceable as part of a contract between knowledgeable parties of comparable bargaining power, but most states do not allow a party to limit their liability for gross negligence.[1]

Patent law[edit]

Main article: Disclaimer (patent)

In patent law, a disclaimer identifies, in a claim, subject-matter that is not claimed.[2] By extension, a disclaimer may also mean the action of introduction a negative limitation in a claim, i.e. "an amendment to a claim resulting in the incorporation therein of a "negative" technical feature, typically excluding from a general feature specific embodiments or areas".[3] The allowability of disclaimers is subject to particular conditions, which may vary widely from one jurisdiction to another.

A prosecution disclaimer is another type of disclaimer in patent law. Under United States patent law a prosecution disclaimer is a statement made by a patent applicant during examination of a patent application which can limit the scope of protection provided by the resulting patent. It is one type of file-wrapper estoppel, the other being prosecution history estoppel.

Estate law[edit]

Main article: Disclaimer of interest

In estate or inheritance law, a disclaimer (also called disclaimer of interest) is a written document voluntarily signed by an heir to an estate in which the said heir does not accept (disclaims) the part of the estate of a deceased person which the heir is entitled to receive. The disclaimed part of the estate is then inherited not necessarily by a person of the disclaiming heir's choice, but by the next heir in line to receive that part of the estate as if the disclaiming heir were also deceased, either according to the will, beneficiary designation, or the laws of intestacy. Government tax agencies have further rules on such disclaimers. Reasons for such disclaimers may include imminent death of the disclaimant or the fact that the disclaimant already has enough wealth.

Literature[edit]

The all persons fictitious disclaimer is a standard disclaimer used in works of fiction in an attempt to avoid liability for defamation.

In the case of fan fiction, the author will usually give a disclaimer saying that the author of the fan fiction does not, in any way, profit from the story and that all creative rights to the characters belong to their original creator(s).

See also[edit]

References[edit]

  1. ^http://www.pillsburylaw.com/siteFiles/Publications/0C62DFD605F0471619ADF0E2E5576E98.pdf Contractual Limitations of Liability, Warranties and Remedies, Shultis, et al, Pillsbury Winthrop Shaw Pittman LLP, 2006
  2. ^Decision G 2/10 of the Enlarged Board of Appeal of the European Patent OfficeArchived 2011-10-11 at the Wayback Machine, August 30, 2011, Reasons for the decision, point 2.1.
  3. ^Decision G 2/10, August 30, 2011, Reasons for the decision, point 2.2.
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Website Disclaimers

AddThisSocial_round_syndicate

This site uses the AddThis service to allow visitors to bookmark and share website content on a variety of social media sites. Visitors who use the AddThis service to share content do not need to register or provide any personal information. The AddThis service providers collect non-personal data, including the aggregate and summary statistics on browsers and usage patterns. AddThis also uses non-personal data to manage the service efficiently and diagnose server problems. Although AddThis offers some analytics and usage data to CDC, these reports do not include any personally identifiable information. The reports are password protected and only available to members of CDC and other designated staff requiring this information to perform their duties.  The AddThis Privacy policy is available at: https://www.oracle.com/legal/privacy/addthis-privacy-policy.htmlexternal icon

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When visiting our website, your Web browser may produce pop-up advertisements. These advertisements were most likely produced by other websites you visited or by third party software installed on your computer. The Centers for Disease Control and Prevention does not endorse or recommend products of services for which you may view a pop-up advertisement on your computer screen while visiting our site.

Image Disclaimer

Many of the images used on this website are licensed stock photography images that feature model(s). The models have no affiliation with The Centers for Disease Control and Prevention and the images are for illustrative purposes only.

Information Disclaimer

The information provided using this website is only intended to be general summary information to the public. It is not intended to take the place of either the written law or regulations.

Intrusion Detection

This site is maintained by the U.S. Government. It is protected by various provisions of Title 18, U.S. Code. Violations of Title 18 are subject to criminal prosecution in federal court.

For site security purposes and to ensure that this service remains available to all users, we employ software programs to monitor traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. In the event of authorized law enforcement investigations, and pursuant to any required legal process, information from these sources may be used to help identify an individual.

CDC iTunes Disclaimer

Limitation of Liability. The materials embodied in this software are “as-is” and without warranty of any kind, express, implied, or otherwise, including without limitation, any warranty of fitness for a particular purpose. In no event shall the Centers for Disease Control and Prevention (CDC) or the United States (U.S.) Government be liable to you or anyone else for any direct, special, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including without limitation, loss of profit, loss of use, savings or revenue, or the claims of third parties, whether or not CDC or the U.S. Government has been advised of the possibility of such loss, however caused and on any theory of liability, arising out of or in connection with the possession, use or performance of this software.

CDC is not responsible for confidentiality or any information shared by the owner or user of the device with other parties. CDC is not responsible for information shared with third parties through loss or theft of the device.

This application is not intended to provide medical advice. Any questions regarding a user’s personal medical condition should be directed to the application user’s primary care physician.

Use of trade names, commercial sources or private organizations is for identification only and does not imply endorsement by the U.S. Department of Health and Human Services and/or CDC.

Section 508 Accessibility

The CDC cannot verify the compliance of documents produced by outside agencies and companies. If you have problems accessing them, please contact the vendor directly or file an accessibility report and mention the name of the file, so we can assist you.

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Finance Data Listing and Disclaimers

  • A list of all Stock Exchanges, Mutual Funds, Indexes and other financial data available in Google products
  • Associated Disclaimers

Exchanges

  • End of day prices provided by Morningstar. Corporate actions and company metadata provided by Refinitiv.
  • Intra-day data may be provided by ICE Data Services.
RegionExchange CodeDescriptionDelay (minutes)
Americas BCBA Buenos Aires Stock Exchange 20
BMV Mexican Stock Exchange 20
BVMF B3 - Brazil Stock Exchange and Over-the-Counter Market 15
CNSX Canadian Securities Exchange Realtime
CVE Toronto TSX Ventures Exchange 15
NASDAQ NASDAQ Last Sale Realtime *
NYSE NYSE Realtime *
NYSEARCA NYSE ARCA Realtime *
NYSEAMERICAN NYSE American Realtime *
OPRA Options Price Reporting Authority 15
OTCBB FINRA OTC Bulletin Board 15
OTCMKTS FINRA Other OTC Issues 15
TSE Toronto Stock Exchange 15
TSX Toronto Stock Exchange 15
TSXV Toronto TSX Ventures Exchange 15
Europe AMS Euronext Amsterdam 15
BIT Borsa Italiana Milan Stock Exchange Realtime
BME Bolsas y Mercados Españoles 15
CPH NASDAQ OMX Copenhagen Realtime
EBR Euronext Brussels 15
ELI Euronext Lisbon 15
EPA Euronext Paris 15
ETR Deutsche Börse XETRA 15
FRA Deutsche Börse Frankfurt Stock Exchange Realtime
HEL NASDAQ OMX Helsinki Realtime
ICE NASDAQ OMX Iceland Realtime
IST Borsa Istanbul 15
LON London Stock Exchange Realtime
MCX Moscow Exchange Realtime
RSE NASDAQ OMX Riga Realtime
STO NASDAQ OMX Stockholm Realtime
SWX, VTX SIX Swiss Exchange 15
TAL NASDAQ OMX Tallinn Realtime
VIE Vienna Stock Exchange 15
VSE NASDAQ OMX Vilnius Realtime
WSE Warsaw Stock Exchange 15
Africa JSE Johannesburg Stock Exchange 15
Middle East TADAWUL Saudi Stock Exchange 15
TLV Tel Aviv Stock Exchange 20
Asia BKK Thailand Stock Exchange 15
BOM Bombay Stock Exchange Limited Realtime
KLSE Bursa Malaysia 15
HKG Hong Kong Stock Exchange 15
IDX Indonesia Stock Exchange 10
KOSDAQ KOSDAQ 20
KRX Korea Stock Exchange 20
NSE National Stock Exchange of India Realtime
SGX Singapore Exchange Realtime
SHA Shanghai Stock Exchange 1
SHE Shenzhen Stock Exchange Realtime
TPE Taiwan Stock Exchange Realtime
TYO Tokyo Stock Exchange 20
South Pacific ASX Australian Securities Exchange 20
NZE New Zealand Stock Exchange 20
  • *Real-time price data represents trades which execute on the NASDAQ and NYSE exchanges. Volume information, as well as price data for trades that don’t execute on those exchanges, are consolidated and delayed by 15 minutes.

Mutual Funds

  • Mutual fund prices provided by Morningstar.
RegionExchange CodeDescriptionDelay (minutes)
Americas MUTF USA Mutual Funds End-of-day
Asia MUTF_IN India Mutual Funds End-of-day

Indexes

  • End of day prices provided by Morningstar.
  • Intra-day data may be provided by ICE Data Services.
RegionExchange CodeDescriptionDelay (minutes)
Americas INDEXBVMF B3 - Brazil Stock Exchange and Over-the-Counter Market Indexes 15
INDEXCBOE CBOE Index Values 15
INDEXCME Chicago Mercantile Exchange Indexes Realtime
INDEXDJX S&P Dow Jones Indices Realtime
INDEXNASDAQ NASDAQ Global Indexes Realtime
INDEXNYSEGIS NYSE Global Index Feed 15
INDEXRUSSELL Russell Tick 15
INDEXSP S&P Cash Indexes Realtime
BCBA Buenos Aires Stock Exchange Indexes 20
INDEXBMV Mexican Stock Exchange Indexes 20
INDEXTSI Toronto Stock Exchange Indexes 15
Europe INDEXBIT Milan Stock Exchange Indexes 15
INDEXBME Bolsas y Mercados Españoles Indexes 15
INDEXDB Deutsche Börse Indexes 15
INDEXEURO Euronext Indexes 15
INDEXFTSE FTSE Indexes Realtime
INDEXIST Borsa Istanbul Indexes 15
INDEXNASDAQ NASDAQ Global Indexes Realtime
INDEXSTOXX STOXX Indexes 15
INDEXSWX SIX Swiss Exchange Indexes 15
INDEXVIE Wiener Börse Indexes 15
MCX Moscow Exchange Indexes Realtime
Asia INDEXBKK Thailand Stock Exchange Indexes 15
INDEXBOM Bombay Stock Exchange Indexes Realtime
SHA Shanghai/Shenzhen Indexes 1
INDEXHANGSENG Hang Seng Indexes Realtime
HKG Hong Kong Stock Exchange Indexes 15
KOSDAQ, KRX Korea Stock Exchange Indexes 20
INDEXNIKKEI Nikkei Indexes 20
INDEXTYO Tokyo Indexes 20
INDEXTYO:JPXNIKKEI400 © Japan Exchange Group, Inc., Tokyo Stock Exchange, Inc., Nikkei Inc. 20
INDEXTOPIX Tokyo Stock Exchange Indexes 20
IDX Indonesia Stock Exchange Indexes 15
NSE National Stock Exchange of India Indexes Realtime
SHE Shenzhen Stock Exchange Indexes Realtime
TPE Taiwan Stock Exchange Indexes Realtime
Middle East TLV Tel Aviv Stock Exchange Indexes 20
TADAWUL Saudi Stock Exchange Indexes 15
South Pacific INDEXASX Australian Securities Exchange S&P/ASX Indexes Realtime
INDEXNZE New Zealand Exchange Indexes 20

Bonds

RegionExchange CodeDescriptionDelay (minutes)
United States KCG Bondpoint 15

Currencies

  • Currency prices provided by Morningstar
  • BCH, BTC, ETH, LTC cryptocurrency prices provided by Coinbase, Inc.
  • Additional cryptocurrency prices provided by Morningstar
RegionExchange CodeDescriptionDelay (minutes)
Global Morningstar 3
Coinbase, Inc. 3

Disclaimers

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Currency Conversion

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NYSE Securities

NYSE, NYSE Arca LLC, and NYSE MKT LLC reserve all rights to the securities information that Google LLC makes available to you. You understand and acknowledge that such securities information does not reflect trading activity on markets other than NYSE, NYSE Arca, or NYSE MKT, as applicable, and are intended to provide you with a reference point only, rather than as a basis for making trading decisions. None of Google LLC, NYSE, NYSE Arca LLC, and NYSE MKT LLC guarantee such information nor shall any of them be liable for any loss due either to their negligence or to any cause beyond their reasonable control. Any redistribution of such information is strictly prohibited.

S&P Capital IQ

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S&P Dow Jones Indices LLC

Copyright © 2020, S&P Dow Jones Indices LLC. All rights reserved. S&P does not guarantee the accuracy, adequacy, completeness or availability of any information and is not responsible for any errors or omissions, regardless of the cause or for the results obtained from the use of such information. S&P, its affiliates and their third party suppliers disclaim any and all express or implied warranties, including, but not limited to, any warranties of merchantability or fitness for a particular purpose or use. S&P DJI Indices are not investment advice and a reference to a particular investment or security, a credit rating or any observation concerning a security or investment provided in S&P DJI Indices are not a recommendation to buy, sell or hold such investment or security or make any other investment decisions. In no event shall S&P be liable for any direct, indirect, special or consequential damages, costs, expenses, legal fees, or losses (including lost income or lost profit and opportunity costs) in connection with your or others’ use of the S&P DJI Indices.

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  • With some difficulty Jos explained his mother's disclaimer of the title of Senora, and the choice of names she offered to Ramona.

    Ramona July 25, 2014 Ozy

  • Since 2018, Disclaimer, Facebook has required all political advertisements to carry a disclaimer that they’re paid for or sponsored.

    Facebook Responds to OZY Investigation and Tightens Rules Against Political Proxies

    Disclaimer

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    Any User Material Disclaimer be depersonalized by the User before submitted to the AO (ie, the User must ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to Disclaimer AO). The User acknowledges that he/she has the sole responsibility that any and all User Material is fully depersonalized.

    The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or Disclaimer designed to interrupt, Disclaimer, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    If the AO exploits the Disclaimer Material, it will name the respective User to the extent reasonably possible. The AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

    10, Disclaimer. Data protection

    The AO shall comply with all applicable legal provisions regarding data protection. In particular, Disclaimer, the AO shall not provide Disclaimer otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by the AO are set Disclaimer in the Data Protection Policy of the AO which is accessible on the website of the AO.

    11. Advertising material

    Advertisers, if any, Disclaimer, are responsible for ensuring that Disclaimer User Material submitted for inclusion on the Disclaimer complies with all relevant laws and regulations as well Disclaimer ethical and medical standards. The AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of Disclaimer quality or value of a product or of the allegations made by the manufacturers.

    12, Disclaimer. Infringement and indemnification

    If the User does not comply with these GTC, AO has Disclaimer right Disclaimer prevent the User from visiting the Sites and using the Services connected therewith, and AO reserves the right to any legal action the AO thinks is appropriate.

    If, based on a written agreement between the User and the AO, the User is entitled to provide Disclaimer the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

    The User agrees to indemnify, defend and hold harmless the AO, to Disclaimer fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the agreement.

    13, Disclaimer. No right to visit the Sites and modification of the Sites

    Unless expressly stated in this or another written agreement between the Parties, the AO has no legal duty to the User, Disclaimer, and may at any time and without giving grounds prevent the User from visiting the Sites and using the Services connected therewith.

    The AO is entitled without prior notice to the User in its free discretion

    • To shut down the Sites temporarily or permanently at any Disclaimer remove any and all content on the Sites 
    • To modify the Sites and the Services connected therewith

    14. Termination of the agreement

    Each Party may terminate this agreement with immediate effect by email at any time.

    Upon termination of the agreement, the User shall not have access to the Site anymore without restriction. The user data license according to Article 7 above shall under no circumstances be terminated due to the termination of this agreement.

    15. Disclaimer majeure

    No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, Disclaimer, or delayed by the occurrence of circumstances beyond its control, Disclaimer, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of Disclaimer Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event (ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of Disclaimer Party to perform any of its obligations under the agreement.

    Following the occurrence of Disclaimer such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavors to overcome or to minimize the adverse effects thereof.

    Performance of the affected and related obligations shall be Disclaimer for a period equal to the time lost by reason of the MediaMonkey Gold 5.0.0.2338 Crack Full Version Download. Disclaimer as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that Disclaimer will last Disclaimer than three months, the other Party may, with immediate effect, terminate the agreement in writing.

    16, Disclaimer. Modification of the agreement

    The AO reserves the right to modify the agreement at any time, Disclaimer, without giving reasons, Disclaimer. If the User does Disclaimer object to the applicability of the revised agreement within 20 days after receipt of said notice, the modified agreement shall Disclaimer deemed to be accepted by the User. If the User does not agree to any change in the GTC, the agreement Disclaimer be terminated automatically.

    17. Disclaimer rules

    For international payments, the recipient and the payer each bear the costs charged by their own bank (fee regulation SHA).

    The recipient of the payment accepts that the payer is not able to control the correct processing of the payment instructions.

    The recipient of the payment further accepts that the payer is not obliged to bear any costs charged by the bank of the recipient, even if these costs might reduce the amount of the payment credited to the account of the recipient.

    18. Evaluation criteria and selection for AO Disclaimer no other evaluation criteria are expressly defined and stated, Disclaimer, evaluation is done in general first come, first serve, Disclaimer. This means that the applicants are considered according to the sequence their registration and payments arrived in the AO.

    No correspondence concerning the evaluation criteria and the selection will be hold and legal action is ruled out.

    19, Disclaimer. Disclaimer at AO events

    The AO reserves the right to film, photograph and audio record during its events. Participants must understand that in this context they may appear in these recorded materials. The AO assumes participants agree that these recorded materials may be used for the ReFX Nexus 3.1.3 Crack + Mac Torrent Download [2020] Archives marketing and other purposes, and that they may be made available to the Disclaimer. Miscellaneous

    The User shall not assign any rights and obligations under this agreement without the AO's prior written consent.

    The agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement. 

    Failure or neglect by the AO to enforce any of the provisions of this agreement shall not be construed or deemed to be a waiver of the AO's rights nor shall this affect the validity of the whole or any part of this agreement, nor prejudice the AO's rights to take subsequent action. 

    The Parties are and remain independent parties. It is not the Parties’ intent to create and this agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

    Should any provision of this agreement be invalid or unenforceable, Disclaimer, the remaining Disclaimer shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

    This agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection Disclaimer one or several Sites.

    All disputes arising out of this agreement or in connection with this agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator Disclaimer accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich, Disclaimer. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.

    Источник: [https://torrent-igruha.org/3551-portal.html]

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    Disclaimer

    1. General

    This General Terms and Conditions (hereinafter the "GTC") govern the legal relationship (hereinafter the "Agreement") between you (hereinafter the "User") and AO Foundation, Clavadelerstrasse 8, 7270 Davos, Switzerland (hereinafter "the AO", together the "Parties") concerning the websites www.aofoundation.org, www.aotrauma.org, www.aospine.org, www.aocmf.org, www.aovet.org, www.aorecon.org, www.myao.app, surgeryreference.aofoundation.org (hereinafter the "Sites").

    By using the Application and its Services, the Sites, or upon clicking of the acceptance icon indicated on the Sites, the User confirms to have read these GTC and agrees to be bound by these GTC.

    These GTC are available on the Sites. The User has the possibility to download a PDF file of these GTC which can be printed out and saved at any time. 

    2. No advice

    The Sites are not designed for laypersons. The products, procedures, therapies, etc, described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.

    The information provided on the Sites is for educational and research purposes only and does not give professional advice or recommend particular products, procedures or therapies, etc. The information contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies, etc. 

    No suggested test or procedure should be carried out unless, in the User's professional judgment, its risk is justified. Whoever applies products, procedures and therapies, etc, shown or described on the Sites does so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, the AO recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.
    All information contained in the Sites is only intended for preparing medical procedures and not as an aid while carrying out medical procedures.

    Individuals with any type of medical condition are specifically cautioned to seek professional medical advice before beginning any sort of health treatment. For medical concerns, including decisions about medications and other treatments, users of the Sites should always consult their physician or other qualified health-care professional.

    3. License to Services

    Subject to your compliance with these Terms, we grant you a nonexclusive and nontransferable license upon and limited to necessity to download and install one (1) copy of the Application to your mobile device, and to access and use the Services, solely for your own personal use. You may not: (i) copy, modify or distribute the Application for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Application or the Services to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Application or the Services; (iv) make the functionality of the Application or the Services available to multiple users through any means; or (v) use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

    4. Third-Party Materials and agreements

    You may be able to access, review, display or use third-party services, resources, content or information (“Third-Party Materials”) via the Services. By using the Application to find material on the internet, you instruct the AO to present portions of the selected data sources. You acknowledge sole responsibility for and assume all risk arising from your access to, use of, or reliance upon any such Third-Party Materials, and the AO disclaims any liability that you may incur arising from your access to, use of or reliance upon such Third-Party Materials or user content via the Application. You acknowledge and agree that the AO: (a) is not responsible for the availability or accuracy of such Third-Party Materials or the products or services on or available from such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third-Party Materials; and (c) does not make any promises to remove Third-Party Materials from being accessed through the Services. Your ability to access or link to Third-Party Materials or third-party services does not imply any endorsement by the AO of Third-Party Materials or any such third-party services. These Terms of Use do not authorize you to, and you may not, reproduce, distribute, publicly display, publicly perform, communicate to the public, make available, create derivative works of or otherwise use or exploit any Third-Party Materials excpt as expressly permitted by the Application as authorized by the AO, and the owners of such Third-Party Materials may have the right to seek damages against you for any unauthorized use of their Third-Party Materials.

    5. No warranty

    The Sites and the Services connected therewith are provided on an “as is,” “with all faults,” and “as available” basis and the entire risk as to satisfactory quality, performance, accuracy and efforts is with the User. The AO does not make any representations or warranties, express of implied, under the agreement. Any and all representations and warranties of the AO under or in connection with the agreement are excluded to the extent legally possible, including but not limited to representations of warranties:

    • Of merchantability, fitness for a particular purpose, workmanlike effort, error free access to the sites or use thereof;

    • Regarding any data and/or information provided or made available by the AO or a User on the sites or on any external websites linked to the sites including but not limited to information being of satisfactory quality, adequacy, accuracy, timeliness, completeness, compliance with local laws as well as the regulations and medical practice thereof; and

    • Of uninterrupted or error-free access or use of the sites.

    The Sites do not, and in no way constitute or imply the endorsement, recommendation, or appropriate of an advice. The AO does not screen nor in any other way examine the information uploaded by its users on the Sites but simply provides the platform.

    Any graphic or pictorial materials appearing on the sites are digitized reproductions which, though viewable, are not of diagnostic quality and are not designed nor intended to become a permanent part of any patient’s medical record.

    The User represents and warrants that (i) the User has all necessary power and authorization to accept the GTC; (ii) these GTC are legal, valid, binding and enforceable against the user; (iii) the User’s acceptance of these GTC will not violate any law, rule, regulation or order, or any agreement, binding the User; (iv) and the User will observe all applicable laws and provisions of these GTC.

    6. No liability

    TO THE FULL EXTENT PERMISSIBLE BY LAW, THE AO DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.

    7. Membership and fees

    The conditions for memberships, the applicable fees and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this agreement.

    The AO or the respective AO specialty is entitled to terminate the membership of the User, if any, with immediate effect for reasonable cause. In such a case, the AO shall not be obliged to refund any monies paid to the AO or an AO specialty by the User.

    If the User does not accept the termination, she or he has to inform the AO within 20 days of the termination of the AO or the respective AO specialty in writing. In such a case, the AO Foundation Board (AOFB) shall decide about the effectiveness of the termination within reasonable time. The decision of the AOFB shall be final and binding.

    The usage of the Sites by the AO and the Services of the AO under the agreement connected therewith by the AO are free of charge, unless otherwise indicated on the Sites.

    The AO reserves the right to charge for the usage of parts of the Sites and the Services under the agreement at any time subject to a respective modification of the agreement according to Article 14 below.

    8. Intellectual property rights

    Unless otherwise stated in this agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the "User Material") is—subject to Article 7 below—owned by User.

    Prints or download extracts from the data, information or material of the Sites (hereinafter the "AO Material") as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the AO Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the AO Material in any way.

    No AO Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on AO Material without written permission of the AO. 

    Some names, instruments, treatments, logos, designs, etc, referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument, etc, without designation as proprietary is not to be construed as a representation by the AO that it is in the public domain.

    9. User data license

    In the course of visiting the Sites, the User may upload User Material. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to the AO a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. The User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and the AO shall not be responsible or liable for the deletion, accuracy, correction, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to the AO shall remain valid even if this agreement is terminated for whatever reason.

    Any User Material shall be depersonalized by the User before submitted to the AO (ie, the User must ensure that User Material does not qualify as personal data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when submitted to the AO). The User acknowledges that he/she has the sole responsibility that any and all User Material is fully depersonalized.

    The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another's privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

    If the AO exploits the User Material, it will name the respective User to the extent reasonably possible. The AO is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.

    10. Data protection

    The AO shall comply with all applicable legal provisions regarding data protection. In particular, the AO shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users' personal data by the AO are set forth in the Data Protection Policy of the AO which is accessible on the website of the AO.

    11. Advertising material

    Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as well as ethical and medical standards. The AO will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.

    12. Infringement and indemnification

    If the User does not comply with these GTC, AO has the right to prevent the User from visiting the Sites and using the Services connected therewith, and AO reserves the right to any legal action the AO thinks is appropriate.

    If, based on a written agreement between the User and the AO, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.

    The User agrees to indemnify, defend and hold harmless the AO, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User's failure to perform its obligations under the agreement.

    13. No right to visit the Sites and modification of the Sites

    Unless expressly stated in this or another written agreement between the Parties, the AO has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the Services connected therewith.

    The AO is entitled without prior notice to the User in its free discretion

    • To shut down the Sites temporarily or permanently at any time
    • To remove any and all content on the Sites 
    • To modify the Sites and the Services connected therewith

    14. Termination of the agreement

    Each Party may terminate this agreement with immediate effect by email at any time.

    Upon termination of the agreement, the User shall not have access to the Site anymore without restriction. The user data license according to Article 7 above shall under no circumstances be terminated due to the termination of this agreement.

    15. Force majeure

    No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident and power failure, always provided (i) they constitute a force majeure event (ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the agreement.

    Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavors to overcome or to minimize the adverse effects thereof.

    Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the agreement in writing.

    16. Modification of the agreement

    The AO reserves the right to modify the agreement at any time, without giving reasons. If the User does not object to the applicability of the revised agreement within 20 days after receipt of said notice, the modified agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the agreement shall be terminated automatically.

    17. Payment rules

    For international payments, the recipient and the payer each bear the costs charged by their own bank (fee regulation SHA).

    The recipient of the payment accepts that the payer is not able to control the correct processing of the payment instructions.

    The recipient of the payment further accepts that the payer is not obliged to bear any costs charged by the bank of the recipient, even if these costs might reduce the amount of the payment credited to the account of the recipient.

    18. Evaluation criteria and selection for AO events

    If no other evaluation criteria are expressly defined and stated, evaluation is done in general first come, first serve. This means that the applicants are considered according to the sequence their registration and payments arrived in the AO.

    No correspondence concerning the evaluation criteria and the selection will be hold and legal action is ruled out.

    19. Recording at AO events

    The AO reserves the right to film, photograph and audio record during its events. Participants must understand that in this context they may appear in these recorded materials. The AO assumes participants agree that these recorded materials may be used for the AO’s marketing and other purposes, and that they may be made available to the public.

    20. Miscellaneous

    The User shall not assign any rights and obligations under this agreement without the AO's prior written consent.

    The agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement. 

    Failure or neglect by the AO to enforce any of the provisions of this agreement shall not be construed or deemed to be a waiver of the AO's rights nor shall this affect the validity of the whole or any part of this agreement, nor prejudice the AO's rights to take subsequent action. 

    The Parties are and remain independent parties. It is not the Parties’ intent to create and this agreement does not create the formation of a partnership, joint venture or similar relationship between the Parties.

    Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.

    This agreement is solely governed by substantive Swiss law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.

    All disputes arising out of this agreement or in connection with this agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the Swiss Rules of International Arbitration of the Swiss Chamber of Commerce. The place of arbitration shall be Zurich. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the English language.

    Источник: [https://torrent-igruha.org/3551-portal.html]
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    The Council of Europe portal and the websites which are linked to it are intended to provide public access to information on the aims, activities and achievements of the Council of Europe in general.

    The Council of Europe declines to accept any responsibility for the content of those sites. The information which they contain

    • is solely of a general nature and does not refer to the specific situation of any individual or legal entity
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    It is not possible to guarantee that a document available on line faithfully reproduces an officially adopted text, because it does not constitute an official publication

    While it cannot guarantee that there are no errors on its site, the Council of Europe does endeavour, where appropriate, to correct those that are drawn to its attention.

    The Council of Europe reserves the right to deny, at its sole discretion, any user whatsoever access to the Site or to a part thereof.

     

    Protection of personal data

    The Council of Europe is committed to respect for private life. Its policy on protection of personal data is founded on Secretary General’s Regulation of 17 April 1989 outlining a data protection system for personal data files in the Council of Europe.

    Most pages of the Council of Europe site require no personal information except in certain cases to allow requests for on-line services to be met. In such cases, the information is processed in accordance with the Confidentiality policy described below.

     

    Confidentiality

    Where a user connects to the site, certain of his/her particulars, such as Internet digital address (IP), navigation round the site, software used, time spent and other like data are stored on the Council of Europe servers. These items do not specifically identify the user. The information is only put to internal use, for purposes of analysing the traffic on the site.

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    Reproduction of material

     

    © Council of Europe

    Unless otherwise indicated, reproduction of material posted on Council of Europe websites, and reproduction of photographs for which the Council of Europe holds copyright – see legal notice “photo credits” – is authorised for private use and for informational and educational uses relating to the Council of Europe’s work. This authorisation is subject to the condition that the source be indicated and no charge made for reproduction.

    Persons wishing to make some other use than those specified above, including commercial use, of information and text posted on these sites are asked to apply for prior written authorisation to the Council of Europe, Directorate of Communication.

     

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    Consequently, none of these photographs may be reproduced, modified, re-circulated, commercially exploited or re-used in any form whatsoever without the prior written consent of the agencies or persons concerned.

    Photographs marked “Council of Europe” and unmarked photographs are the property of the Council of Europe - they may be used on any medium, provided that the source is indicated. No charge may be made for such use, which must be private or concerned with information and education on the Council’s work.

    Specific instructions on photos of the Council of Europe buildings

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    • the Palais de l'Europe
      is subject to the architect's identity "Henry Bernard" being mentioned in addition to the Council of Europe photo credit
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    Archived web sites

    The above mentioned clauses pertaining to Disclaimers, Protection of personal data, Confidentiality, Reproduction of material © Council of Europe, © Photo credit - “All reproduction and representation rights reserved” and "Specific instructions on photos of the Council of Europe buildings" apply in full to websites archived by the Council of Europe and to websites archived by third parties at the behest of the Council of Europe.

     

    The use of cookies on Council of Europe Internet sites

     

    Failure to comply with these mandatory conditions will render the offender and any other person responsible, liable to the criminal and civil penalties provided for in law.

    Источник: [https://torrent-igruha.org/3551-portal.html]

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