Legal services provided by University of Wisconsin Law & Entrepreneurship Clinic (http://www.uwle.org/).
All consumers visiting or using the Protocolshare.org website should read the full legal disclaimer and privacy notice attached. All participants agree to be bound by the terms included below.
Agreement Between User and Protocolshare.org, LLC (“Protocolshare.org”): This is a binding agreement between Protocolshare.org and you, the user. Protocolshare.org’s website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. By using Protocolshare.org’s website you confirm your acceptance of, and agree to be bound by, this agreement and all such terms, conditions and notices.
Site Description: Protocolshare.org is a free web–based forum for sharing medical imaging protocols (“Protocols”). Protocolshare.org provides standard templates in the form of pdf worksheets for users to enter their protocols into. Worksheets are uploaded to the website by users and institutions, and are checked for completion and compliance with Protocolshare.org guidelines. Acceptable protocols are posted for other users to see, modify, share, and download.
Intellectual Property.By posting or contributing to Protocolshare.org, you are granting, without restrictions or compensation of any kind, a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of this forum. This includes, without limitation, the license rights to copy distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your content, and/or to incorporate it into a collective work. Templates uploaded to Protocolshare.org are protected and shared under a Creative Commons license: Attribution-ShareAlike 4.0 International (CC BY-SA 4.0). For further information on this form of licensing, please see http://creativecommons.org/licenses/by-sa/4.0/. By using our website, you acknowledge that you have had an opportunity to review our Creative Commons license, that you understand it, and that you agree to its terms and conditions. You agree that any information you provide or use on the Site, and your use of the Site or Protocols will not infringe or facilitate infringement of any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Further, you warrant that you are professionally qualified to competently review and modify the Protocols. You may modify and share Protocols, provided that the Protocols, or their derivatives, are shared under the terms of our Creative Commons license and are not subjected to terms more restrictive than those established under our Creative Commons license. Protocolshare.org does not verify, warrant, or imply that Protocols on its site are accurate or appropriate for use in your situation. Users are solely responsible for reviewing Protocols and verifying that the Protocols are appropriate prior to actual use.
PROTOCOLSHARE.ORG Website Usage: Protocolshare.org will not be held responsible for damage or loss of any kind due to your use of any product acquired from this site.
Users. This website and all its contents are intended for use by doctors, hospitals, technologists, therapists, physicists, administrators, imaging managers, medical imaging vendors, universities, and medical journals. You may download, copy, or modify the downloaded contents displayed on the website subject to our Creative Commons license (CC BY-SA 4.0). No additional right, title, or interest in any downloaded materials or software is transferred to you, or any organization, as a result of any such downloading or copying. Except as otherwise permitted under the terms of license, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of this website. Any use of the content on this website not in compliance with our Creative Commons license is strictly prohibited.
Security. Users are prohibited from violating or attempting to violate the security of this website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Protocolshare.org will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this website.
Comments. Protocolshare.org welcomes your comments about this website. However, any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively, "Comments") submitted by you shall be and remain the exclusive property of Protocolshare.org. Your submission of any such Comments shall constitute an assignment to Protocolshare.org of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Protocolshare.org will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. Hence, Protocolshare.org asks that you not send any comments that you do not wish to assign to Protocolshare.org including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.
Personally Identifiable Personal Health Information: Unless prior written individual authorization is obtained, you agree to not use or disclose on Protocolshare.org’s website any personal health information (“PHI”) that identifies, or with respect to which a reasonable basis exists to believe that the information can be used to identify, an individual. PHI identifies an individual or creates a reasonable basis to identify an individual if: (1) it is created by or received from a health care provider, health plan, employer or health care clearinghouse; and (2) it relates to the past, present, or future physical or mental health or condition of the individual, the provision of health care to the individual, or the past, present or future payment for the provision of health care to the individual.
PHI that identifies or creates a reasonable basis to identify an individual includes the following types of information: name, address (including street address, city, county, zip code, or equivalent geocodes), names of relatives and employers, birth date, telephone and fax numbers, email addresses, Social Security number, medical record number, health plan beneficiary number, account number, certificate or license number, any vehicle or other device serial number, web URL, Internet Protocol (IP) address, finger or voice prints, photographic images, radiographic images or other diagnostic images that include identifying data, and any other unique identifying number, characteristic or code (whether generally available in the public realm or not) that you have a reason to believe may be available to an anticipated recipient of information.
PHI may be used or disclosed without written individual authorization only in the very narrow circumstance where it has been de-identified by eliminating the specified identifying information listed above and you have no reason to believe that a reasonably anticipated recipient could use the remaining information either alone or in combination with other information to identify the individual. You agree that you shall be solely responsible for any such determination and agree to indemnify Protocolshare.org for the consequences of such determination.
If federal or state requirements protecting PHI are more restrictive than the regulations in this section of the agreement, then you agree to abide by the federal or state requirements.
Copyright Information. Copyrights – All contents of the Protocolshare.org website are Creative Commons license: Attribution-ShareAlike 4.0 International (CC BY-SA 4.0). With the exception of material on other servers that is linked to this server, all materials available on this server are copyrighted by Protocolshare.org, 2127 Regent St., Madison, WI 53726. Links can be made to any of these Protocolshare.org materials from your WWW pages. However, please link to the original documents. As per copyright regulations, "fair use" of selected portions of the material for educational purposes by individuals and organizations is permitted provided that proper attribution accompanies such use. The Protocolshare.org Creative Commons copyright notice (CC BY-SA 4.0) must appear on all copies.
The name or logo of Protocolshare.org may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. Protocolshare.org makes no representations about the suitability of this information for any purpose. It is provided "as is" without express or implied warranty.
Links to Third-Party Websites: References on this website to any names, marks, products, or services of third parties or hypertext links to third-party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Protocolshare.org’s endorsement, sponsorship or recommendation of the third party, information, product, or service. Protocolshare.org is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites.
No Medical Advice or Referrals: The information posted on Protocolshare.org’s website should not be considered medical advice and is not intended to replace consultation with a qualified professional. Protocolshare.org does not answer specific medical questions or refer people to a particular radiologic professional. Use of Protocolshare.org does not create a Doctor-Patient relationship.
Legal Notices and Disclaimers. YOU ACKNOWLEDGE THAT YOUR USE OF PROTOCOLSHARE.ORG’s WEBSITE AND PROTOCOLS IS AT YOUR SOLE RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED WITH SUCH USE. ALL INFORMATION, PROTOCOLS OR SERVICES CONTAINED ON, OR PROVIDED THROUGH, THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW PROTOCOLSHARE.ORG, AND ITS MEMBERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, "AFFILIATES") HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, PROTOCOLSHARE.ORG AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF PROTOCOLSHARE.ORG’s PRODUCTS AND SERVICES.
Content Disclaimers. No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or providing medical services by Protocolshare.org. Protocolshare.org makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site, including without limitation in connection to the use of protocols discussed on the Protocolshare.org website.
Some jurisdictions do not permit the exclusion or limitation of implied warranties or the exclusion of certain types of damages. Therefore, if and only if required by applicable law, some of the foregoing exclusions may not apply to you.
Designated Agent.Protocolshare.org’s Designated Agent to receive notification of alleged infringement under Digital Millennium Copyright Act (“DMCA”) is:
Physical Mail: Protocolshare.org, LLC
2127 Regent St., Madison, WI 53726, USA
Upon receipt of proper notification of claimed infringement, Protocolshare.org will follow the procedures outlined in Sections 15-16 and in the DMCA.
Copyright infringement policy
Infringement Notification.If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Protocolshare.org’s Designated Agent the following information in a written communication (preferably via email):
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed 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 the PROTOCOLSHARE.ORG to locate the material;
Information reasonably sufficient to permit the PROTOCOLSHARE.ORG to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Counter Notification. A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide the PROTOCOLSHARE.ORG's Registered Agent (listed above) the following information in a written communication (preferably via email):
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
Your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Your signature, in physical or electronic form.
Upon receipt of such counter notification, the PROTOCOLSHARE.ORG will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that the PROTOCOLSHARE.ORG will replace the removed material or cease disabling access to it in 10 business days. PROTOCOLSHARE.ORG will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, the PROTOCOLSHARE.ORG will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
Accommodation of Standard Technical Measures. It is the PROTOCOLSHARE.ORG's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that the PROTOCOLSHARE.ORG determines are reasonable under the circumstances.
Remedies. YOUR SOLE AND EXCLUSIVE REMEDY IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PROTOCOLSHARE.ORG WEBSITE IS TO DISCONTINUE USING IT.
You agree to indemnify Protocolshare.org and its users from and against any and all liabilities, expenses (including without limitation attorneys’ fees) and damages arising out of claims based upon your use of Protocolshare.org’s website, including without limitation any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other members and infringement of intellectual property or other rights. Protocolshare.org, will notify you promptly of any claim which Protocolshare.org seeks indemnification and will afford you the opportunity to participate in the defense of such a claim, provided that your participation will not be conducted in a manner prejudicial to Protocolshare.org’s interests as reasonably determined by Protocolshare.org.
Third Party Protection. The Disclaimers, Remedies, and Indemnity provisions set forth above are for the benefit of Protocolshare.org, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions on its own behalf.
International Use. Information and services found on PROTOCOLSHARE.ORG are intended for users in the United States of America.
Notice: Protocolshare.org may provide notice by e-mail to the e-mail address you provided during registration, by a general notice on Protocolshare.org’s website, or by written communication delivered by first class U.S. mail or express courier to your address on record in Protocolshare.org’s account information. You may give notice to Protocolshare.org at any time by letter delivered by first class postage pre-paid U.S. mail or overnight courier to:
2127 Regent St.
Madison, WI 53726, USA
PROTOCOLSHARE.ORG understands you have concern over how your information is used and shared. Since we care about your trust, we want to assure you that we will be careful and sensible in dealing with your information.
What Personal Information About Customers Does PROTOCOLSHARE.ORG Obtain?
The information we learn from customers helps us personalize and continually improve your experience at PROTOCOLSHARE.ORG. The types of information we obtain is as follows:
• Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. Protocols uploaded to our website are shared with a community of users, modified, copied and used in a variety of settings. Professional information, hospital location, and other information provided by you, may be kept, analyzed and used for marketing purposes.
You can choose to omit certain information, but you might not be able to use many of the PROTOCOLSHARE.ORG features, place an order or receive supplies due to government requirements. We use the information that you provide for such purposes as responding to your requests, customizing future products and services, improving our service, and communicating with you.
• Automatic Information: We receive and store certain types of information whenever you interact with us. For example, we use "cookies," and we obtain certain types of information when your Web browser accesses PROTOCOLSHARE.ORG. Various companies offer utilities designed to help you visit Web sites anonymously. Although we will not be able to provide you with a personalized experience at PROTOCOLSHARE.ORG if we cannot recognize you, we want you to know these tools exist. Should you disable our ability to recognize you, we may not be able to confirm logins, which will limit your participation at PROTOCOLSHARE.ORG.
• E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from PROTOCOLSHARE.ORG if your computer supports such capabilities. We also compare our customer list to lists received from other companies, in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please let us know.
• Information from Other Sources: We might receive information about you from other sources and add it to our account information.
What Are Cookies?
• Cookies are identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features.
• The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of PROTOCOLSHARE.ORG’s features, and we recommend that you leave them turned on.
Does PROTOCOLSHARE.ORG Share Information About You?
Information about our customers is an important part of our business, and we do not sell it to others. We share customer information only as described below and with subdivisions of PROTOCOLSHARE.ORG, LLC. These divisions are subject to this Online Privacy Notice or follow practices at least as protective as those described in this Online Privacy Notice.
• Affiliated Businesses We Do Not Control: Since we have links which put the user into other company websites which we do not control, we recommend reading their individual privacy notices. These other companies may employ practices which are more or less restrictive than those which we use at PROTOCOLSHARE.ORG.
• Agents: We may employ other businesses and individuals to complete tasks for PROTOCOLSHARE.ORG. Examples include maintaining servers and computer systems, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
• Promotional Offers: The website contains promotional offers with links to third party websites. Once a User has clicked on and left the PROTOCOLSHARE.ORG website we are no longer responsible for the content appearing in the browser, nor that the link will function as desired. Companies which have banner advertising or other promotions on the PROTOCOLSHARE.ORG website are responsible for the content, claims and offers made in the advertising. Any User with a question or problem regarding any advertiser should contact the advertiser directly.
• Protection of PROTOCOLSHARE.ORG and Others: We release account and other personal information when we think it is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of PROTOCOLSHARE.ORG, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Of course, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
How Secure Is My Information?
• Encryption: We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
• Should you need to use a credit card for any portion of your purchase, we reveal only the last digits of your credit card numbers when confirming an order. We must transmit the entire credit card number to the appropriate credit card company during order processing, but this information is encrypted using industry-standard security procedures.
• It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer. If you visit a library or are using a computer which has multiple users, please remember to close your session by properly logging out. Then close the browser.
What Information Can I Access?
PROTOCOLSHARE.ORG gives you access to information about your account and your interactions with PROTOCOLSHARE.ORG for the limited purpose of viewing and, in certain cases, updating that information. Depending on your status - consumer, account holder, hospital, institution - the information you can access, alter and view will vary.
What Choices Exist For Providing Information?
• As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or have your account credited for the proper amount. By choosing not to provide your information the functionality of our site will be greatly affected.
• You can add or update certain information in your account. When you update information, we can keep a copy of the prior version for our records. Sometimes we may contact you in written communications via regular postal mail to confirm changes to your account.
• If you do not want to receive e-mail or other mail from us you may opt out of such transmissions, however, if you do not want to receive Conditions of Use and other legal notices from us, such as this Online Privacy Notice, those notices will still govern your use of PROTOCOLSHARE.ORG, and it is your responsibility to review them for changes.
Conditions of Use, Notices, and Revisions
If you choose to visit PROTOCOLSHARE.ORG, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, arbitration of disputes, and application of the law of the state of Wisconsin. If you have any concern about privacy at PROTOCOLSHARE.ORG, please contact us with a thorough description, and we will try to resolve the issue.
Since PROTOCOLSHARE.ORG changes constantly, our Online Privacy Notice and the Conditions of Use may also change. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Web site frequently to see recent changes. Unless stated otherwise, our current Online Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Information You Provide
You provide most such information when you search, buy, upload/download protocols, participate in forums, or communicate with customer service. For example, you provide information when you search for a product; place an order through PROTOCOLSHARE.ORG; communicate with us by phone, e-mail, or otherwise; or provide other information when opening an account. Due to those actions, you might supply us with such information as your name, address, and phone numbers; credit card information; and financial information, including personal identifiers.
Examples of the information we collect and analyze include the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; time and date of visit; computer and connection information such as browser type and version, operating system, and platform; purchase history; the full Uniform Resource Locator (URL) click stream to, through, and from our web site, including date and time; cookie number; products you viewed or searched for; products you visited; and the phone number you used to call our company.
Information You Can Access
Examples of information you can access at PROTOCOLSHARE.ORG vary with the type of account you have, whether consumer, vendor, hospital, or institution. The information accessible may include up-to-date information regarding recent orders; personally identifiable information (including name, e-mail, password, communications and preferences); payment settings (including credit card information); e-mail notification settings; product shopping lists; shipping and stocking information.
This concludes this section of our Online Privacy Notice, amended August 20, 2016.