TERMS OF USE

The Extracorporeal Life Support Organization website (the “Site”) is comprised of various web pages owned and operated by Extracorporeal Life Support Organization (“ELSO”).

Please read these Terms of Use carefully. Your continued use of the Site constitutes your agreement to these Terms of Use; if you do not agree, do not use the Site.

MODIFICATION OF THESE TERMS OF USE

ELSO may amend these Terms of Use and/or ELSO’s Privacy Policy (http://www.elso.org/PrivacyPolicy.aspx) from time to time by posting the amended Terms of Use and/or Privacy Policy on the Site. Any amendments to these Terms of Use and/or the Privacy Policy shall be effective immediately on posting. Your continued use of the Site following posting of amended Terms of Use and/or Privacy Policy constitutes your acceptance of the posted amendment.

DISCLAIMER

The information posted on the Site and contained in the ELSO Guidelines and other publications available through the Site describe what are believed to be useful and safe practice, but are not necessarily consensus recommendations. The ELSO Guidelines are not intended as a standard of care, and are revised at regular intervals as new information, devices, medications, and techniques become available. Such ELSO Guidelines and all other information on or available through the Site are expressly subject to these Terms of Use.

LINKS TO THIRD PARTY SITES

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of ELSO and ELSO is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ELSO is not responsible for webcasting or any other form of transmission received from any Linked Site. ELSO is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ELSO of the Linked Site or any association with its operators. The content of such Linked Sites is developed and provided by others. Nothing in these Terms will be deemed to be a representation or warranty by ELSO with respect to any Linked Sites. ELSO has no obligation to monitor Linked Sites and may block or disable access to any Linked Sites (in whole or part) through the Site at any time.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you warrant to ELSO that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

USE OF COMMUNICATION SERVICES

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other interactive or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other materials protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded
• Restrict, inhibit or interfere with any other user from using and enjoying the Communication Services
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.
• Attempt to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the Site through hacking, password mining or any other means.

Use of email addresses or other identifying information of users of this Site or members of ELSO or its affiliated chapters or lists containing such information for any purpose not specifically authorized by ELSO is strictly prohibited.

ELSO has no obligation to monitor the Communication Services. However, ELSO reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ELSO reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. ELSO reserves the right to add or remove prohibited activities at its sole discretion.

ELSO reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ELSO's sole discretion.

ELSO does not control or endorse the content, messages or information found in any Communication Service and, therefore, ELSO specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ELSO spokespersons, and their views do not necessarily reflect those of ELSO.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

You represent that any use of the Site or Communication Service, which has been provided to potentially address a clinical need for and help provide a forum for the appropriate discussion of clinical matter, has not been determined with regard to any implicit or explicit agreement to provide favorable procurement decisions with regard to extracorporeal membrane oxygenation (ECMO) products, and have not been given in exchange for such decisions. You further represent that compensation, if any, has not been determined with regard to the value or volume of any business generated between the parties and that compensation, if any, is consistent with fair market value in arm’s length transactions. These Terms of Use are not intended to, and do not, induce the referral of patients or to induce purchase of any items or services reimbursed by any federal or state health care program.

You may be able to post or submit certain content, including materials which may contain information that personally identifies you or someone else or may contain protected health information (as defined under the Health Insurance Portability and Accountability Act of 1996 [HIPAA]), send direct email and other communications, or submitting feedback to us (“User Content”). To the extent such User Content does not contain any protected health information (as defined under HIPAA), which may be subject to a license under a separate business associate or other agreement, you hereby grant ELSO an irrevocable, non-exclusive, royalty-free and fully paid, worldwide, transferable license, with the right to sublicense through multiple tiers, to reproduce, distribute, modify, publicly display, publicly perform, prepare derivative works of, transmit, and otherwise use your User Content in any manner, for any purpose and, to the extent such User Content contains personal information, in accordance with ELSO’s Privacy Policy. To the extent User content contains protected health information (as defined under HIPAA, you hereby grant ELSO the license to such User Content containing protected health information (as defined under HIPAA) in accordance with any such license provided under a separate business associate agreement between you and ELSO. You represent and warrant that: (a) you have the right to grant the foregoing license; and (b) the User Content will not infringe, misappropriate, or violate any third-party rights (including any Intellectual Property Rights). For purposes of these Terms, the term “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights. You are solely responsible for your User Content. You must always get written permission from all persons named, identified, referred or alluded to, either explicitly or implicitly, in such User Content and, if required, provide ELSO with such written permission upon ELSO request. ELSO has no control over and are not responsible for any use or misuse (including any distribution) by any third party of User Content. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE OR COMMUNICATION SERVICE, YOU DO SO AT YOUR OWN RISK.

USE OF MATERIALS

All material on the Site, including, without limitation, the ELSO Registry, the ELSO Guidelines, all other publications, all text, user interfaces, visual interfaces, photographs, vides, trademarks, logos, sounds, music, artwork, files, documents, images, software code or other materials (collectively, the "Materials"), including but not limited to the compilation of such Materials on the Site, are owned by ELSO or other parties that have licensed their material to ELSO, and are protected by copyright, trademark, and other intellectual property and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ELSO’s express prior written consent. You may not use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Site or Materials, or circumvent any mechanisms included in the Materials for preventing the unauthorized reproduction or distribution of the Materials.

All rights not expressly granted in these Terms of Use by ELSO to you are reserved by ELSO and/or its licensors.

ELSO TRADEMARKS

ELSO’s names and logos are trademarks and service marks owned and used by ELSO (the “ELSO Marks”). All other trademarks and service marks on the Site are the property of their respective owners. You are not authorized to use the ELSO Marks without the prior written consent of ELSO. Requests for authorization should be made to .prycus@elso.org.

SUBMISSIONS PROVIDED TO ELSO OR POSTED ON THE SITE

By submitting, sending or otherwise making available information or other material on or though the Site (“Submission”), you grant to ELSO the royalty-free, unrestricted, world-wide, perpetual, irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submission (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed and warrant that you own or control the rights to the Submission and that you have all necessary rights to submit, send or otherwise make available the Submission and grant such right and license to ELSO. You also warrant that any “moral rights” you have in such Submission have been waived.

YOUR REPRESENTATIONS AND WARRANTIES

By using the Site, you represent and warrant that:

• You are at least 13 years old or older.
• You shall at all times comply with all applicable laws, rules and regulations with respect to your use of the Site and with respect to any product or service related thereto.
• You shall not use the Site to infringe, misappropriate or violate any rights of ELSO and/or any third party
• You shall comply at all times with these Terms of Use.
• You are the owner or permitted licensee of any Submission that you upload or provide to the Site, and have the complete right and ability to provide such Submission to the Site. Further, you will not violate any agreement you have with any third party by uploading or providing a Submission to the Site

MATERIALS AND WARRANTY DISCLAIMER

THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED ON THE SITE. ELSO AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR MEDICAL ADVICE AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ELSO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE REGARDING TREATMENT OF MEDICAL CONDITIONS, ACTION, OR APPLICATION OF MEDICATION, INCLUDING THAT OF ECMO. THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE SITE DOES NOT GUARANTEE ACCESS TO ECMO, NOR WILL ECMO WORK FOR ANY PARTICULAR PATIENT. ELSO DOES NOT PROVIDE ANY FORM OF MEDICAL CARE, MEDICAL OPINION, MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT, AND ELSO DOES NOT EVALUATE THE NEED TO SEEK MEDICAL ATTENTION, THROUGH THE SITE OR ANY SERVICES. THE INFORMATION ON THE SITE MAY BE CHANGED WITHOUT NOTICE AND IS NOT GUARANTEED TO BE COMPLETE, CORRECT, TIMELY, CURRENT OR UP-TO-DATE. SIMILAR TO ANY PRINTED MATERIALS, THE INFORMATION MAY BECOME OUT-OF-DATE. ELSO UNDERTAKES NO OBLIGATION TO UPDATE ANY INFORMATION ON THE SITE. INFORMATION PROVIDED AND THE USE OF ANY PRODUCTS OR SERVICES PURCHASED FROM THE SITE BY YOU DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP BETWEEN YOU AND ANY OF THE HEALTH PROFESSIONALS AFFILIATED WITH THE SITE (IF ANY).

ELSO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ELSO AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

ELSO DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, DELAY OR ERROR-FREE MANNER (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAY OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES.

LIMITATION OF LIABILITY

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELSO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELSO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ELSO AND/OR ITS SUPPLIERS FOR ANY REASON AND UPON ANY CAUSE OF ACTION ARISING FROM OR RELATED TO THE SITE OR THE SUBJECT MATTER OF THESE TERMS, IN CONTRACT, STRICT LIABILITY WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO FIFTY ($50) US DOLLARS. THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS PARAGRAPH ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THESE TERMS

INDEMNITY

You agree to indemnify, defend and hold harmless ELSO, its officers, directors, affiliates, successors, assigns, employees and agents for, from, and against any claims, demands, obligations, liabilities, losses, costs, damages, fines, and expenses, including reasonable attorneys' and consultants' fees and expenses, made against ELSO by any third party due to or arising out of or in connection with your use of the Site.

TERMINATION/ACCESS RESTRICTION

ELSO reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof, or otherwise restrict, at any time, without notice.

GENERAL

To the maximum extent permitted by law, you agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Michigan without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Washtenaw County, Michigan, and waive any objection to such jurisdiction or venue. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ELSO as a result of these Terms of Use or your use of the Site. Nothing contained in these Terms of Use is in derogation of ELSO's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by ELSO with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. These Terms of Use and the ELSO Privacy Policy constitute the entire agreement between you and ELSO with respect to your use of the Site, and supersede all prior agreements between the parties, whether written or oral, relating to your use of the Site.

DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES

If you believe that your work has been copied in a way that constitutes copyright infringement, please send written notification to ELSO’s Designated Agent:

Elaine Brock
C3Authority LLC
Ann Arbor, MI 48103
elainebrock@c3authority.com

• You should only send notice of potential copyright infringement to ELSO’s Designated Agent. For all other inquiries (e.g., requests for technical assistance or customer service, reports of email abuse, and piracy reports), please contact us through ELSO’s contact page.

• Your written notification must include the following:

• An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;;
• A description of the copyrighted work that you claim has been infringed;
• A description of the material you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Last updated June, 2022