Website Link Agreements

Establishing a link to the ARDMS Web Site:
Before creating a link from your Web site to the ARDMS Web site (www.ARDMS.org), please complete the ARDMS Web Site Link Agreement.

Requesting a link from the ARDMS Web Site:
To request a link be placed on the ARDMS Web site (www.ARDMS.org), please complete the ARDMS Web Link Policy Agreement.

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ARDMS Web Site User License Agreement
By opening or making any further use of this site, you are agreeing to be bound by the terms and conditions of the ARDMS Website User License Agreement. If you do not agree to be bound, you must disconnect from the site at this time.

ARDMS WEBSITE USER LICENSE AGREEMENT

This ARDMS Website User License Agreement ("Agreement"), effective by and as of the date of opening or first use whichever occurs first, is by and between the American Registry for Diagnostic Medical Sonography, Inc.� (ARDMS�) and user of the site ("User") which agree as follows:

1. ARDMS grants to User a non-exclusive, non-transferable license to User to view the ARDMS website and contents located at www.ardms.org ("ARDMS site") on the World Wide Web. The site and content are copyrighted by ARDMS. Nothing in this License Agreement shall grant to User any rights in ARDMS, its designations, the ARDMS Logo, the ARDMS site and content, ARDMS publications, or any other intellectual property of ARDMS or any of its subsidiaries or affiliates, other than as expressly set forth herein. ARDMS may change or discontinue any or all segments of its website without notice. ARDMS is not responsible for the content available on any web sites linked to the ARDMS web site, and access to any such other web site is at User�s own risk.

2. A. User agrees to comply at all times in the use of this ARDMS website and its contents with all applicable federal, state or local law, rule or regulation, will not violate or infringe the copyright, trademark, trade name, patent, intellectual, publicity or privacy rights of any entity, and will not use the ARDMS site or content in any way which is defamatory. User agrees to immediately notify ARDMS as provided in this agreement if any of the information described above changes.
B. This Agreement does not grant permission to link the ARDMS Site to any other Web Site. Such matters are subjects of a separate request and separate ARDMS Web Site Linking Agreement, which must be agreed to and signed in handwriting by ARDMS before such use is permitted.
C. User does not have the right and agrees not to: (i) make commercial use of, reproduction, sharing, sale or other distribution of any content or compilation from the ARDMS site; (ii) use any data collected with respect to users of the ARDMS or other site which relate to their clicking on any Link to the ARDMS site; or (iii) use any information deemed proprietary by ARDMS.

3. ARDMS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ARDMS, THE ARDMS SITE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The ARDMS site provides information for non-profit informational purposes which ARDMS considers to be reliable; however, ARDMS does not warrant the accuracy or completeness of such content.

4. IN NO EVENT SHALL ARDMS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, SAVINGS, DATA OR USE, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF OR RELATING TO THIS AGREEMENT. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT THE LACK OF A REQUIREMENT OF ANY MONETARY PAYMENT HEREUNDER IS BASED IN PART UPON THESE LIMITATIONS, AND FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Without limiting the foregoing, ARDMS shall have no responsibility for any monetary damages under any contract, tort or other legal or equitable theory, regardless of the form of the action. Such limit shall apply whether or not ARDMS has been advised of the possibility of such damages.

5. User shall indemnify and hold harmless ARDMS, any of its affiliates or subsidiaries, and their respective officers, directors, members, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from (a) any misrepresentation or breach by User of the terms set forth in this Agreement; and (b) any non-compliance by User with any term of this Agreement.

6. A. The term of this Agreement shall begin on the date of opening or first use by User, whichever occurs first, and shall continue until terminated as provided herein. Either party may terminate this Agreement in its sole discretion at any time by discontinuation of use or disconnection. This Agreement shall terminate automatically if, at any time, User is in violation of this Agreement.
    B. ARDMS has the sole right to own and/or control the content displayed on its web site. Whether or not ARDMS terminates this Agreement as provided herein, ARDMS reserves the right to take action against any use that does not conform to this Agreement, infringes any intellectual property or other right of ARDMS or its subsidiaries or affiliates, or violates applicable law. In any action to enforce this Agreement or any provision thereof, ARDMS shall as of right be awarded reasonable attorney�s fees.
    C. Immediately upon the termination of this Agreement, User shall disconnect all links to the ARDMS site. If User refuses to cease linking the ARDMS site after notice of termination of this Agreement, User agrees that such refusal shall result in immediate and irreparable injury to ARDMS for which there is no adequate remedy at law. In such case, ARDMS shall as of right be entitled to specific performance and/or injunctive relief and reasonable attorneys fees, in addition to other remedies which a court may determine.
    D. The provisions of sections 2 (B), 2(C), 3, 4, 5, 6 (B), 6 (C), 6 (D), 7, 8, and 9 hereof shall survive the termination of this Agreement.

7. Notices under this Agreement shall be sent to ARDMS by certified mail return receipt requested or other personally signed receipted delivery (not fax or e-mail) as follows:

American Registry for Diagnostic Medical Sonography
51 Monroe Street
Plaza East One
Rockville, MD 20850-2400
ATTENTION: Dale Cyr, Executive Director

8. This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland. Any action shall be brought in the state or federal courts in Maryland.

9. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements. User may not assign this Agreement in whole or in part without the prior written consent of ARDMS. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, successors, and any assigns permitted by ARDMS. This Agreement shall not be interpreted to create any partnership, joint venture, or agency.

BY THE OPENING OR THE FURTHER USE OF THIS ARDMS SITE, USER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS ARDMS WEBSITE USER LICENSE AGREEMENT