CANCEROPINIONS.COM, LLC
WEBSITE TERMS OF USE

Acceptance of Terms

Please read this information carefully before accessing or using this Website (the "Site").  By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that CancerOpinions.com, LLC, a Nebraska limited liability company ("CancerOpinions.com") may publish from time to time (collectively, the "Terms of Use").  If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

CancerOpinions.com may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Services, constitutes your acceptance of the changes. Your access and use of the Site and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms of Use" link at http://www.canceropinions.com/Terms-and-Conditions.aspx to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site automatically terminates.

The Site

CancerOpinions.com makes this Site and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, consultations, updates, documents, communications, frequently asked questions, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools and resources made available via the Site by CancerOpinions.com.  "Services" means all services and resources offered or enabled via the Site by CancerOpinions.com, including, but not limited to, access to your individual "patient portal," second opinion consultations and all other services specifically listed under the "Additional Services" link on the Site.

Medical Consultations//Assumption of Risk

A variety of Services available through the Site pertain to matters of personal healthcare, specifically the rendering of second opinions on a diagnosis you have previously obtained from your personal physician or specialist.  Due to the online operation of the Site and lack of physical personal contact between you and the independent physician consultants at CancerOpinions.com, such Services are different from the diagnostic services provided by your personal physician or specialist.  For example, CancerOpinions.com may be unaware of certain physical characteristics or information not reflected in the personal medical records you provide to CancerOpinions.com that may otherwise impact the diagnosis.  As such, regardless of the results provided you by CancerOpinions.com, you are strongly encouraged to discuss the results with your personal physician or specialist. The Services provided by CancerOpinions.com are in no way intended or designed to replace a full in-person medical evaluation or examination.  CancerOpinions.com is simply facilitating a second-opinion consult between your physician and CancerOpinion.com's independent physician specialists. By utilizing the Services, you acknowledge the potential limitations of the Services and agree to solely assume the risk inherent in such limitations.  You further acknowledge and agree that no physician-patient relationship is created between yourself and the independent physician consultants or CancerOpinions.com.  As with any medical consultation, opinion or diagnosis, CancerOpinions.com does not guarantee any particular result or that your condition will be cured.

Security of Personal Heath Information//Assumption of Risk

The security of your personal health information is of utmost importance to CancerOpinions.com.  CancerOpinions.com makes every attempt to ensure that the Materials and Services are made available and provided to you in a manner that does not compromise the confidentiality of your personal health information.  Despite these efforts, no system can remove all risks of intentional intrusion or inadvertent disclosure of information – especially when transmitted electronically.  You acknowledge such risks and expressly agree to assume the risk of unauthorized disclosure (whether via intentional intrusion or otherwise) of such information transmitted or stored in connection with your utilization of the Services made available by CancerOpinions.com through the Site.  Once your personal health information is received by CancerOpinions.com, it will be treated as confidential and, to the extent considered "protected health information" as defined by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), it be afforded all applicable legal protections as required by HIPAA.  For further information regarding the privacy practices of CancerOpinions.com, please review our "Notice of Privacy Practices" available at http://www.canceropinions.com/Privacy-Practices.aspx and our Site privacy policy available at http://www.canceropinions.com/Privacy-Policy.aspx.  

Intellectual Property; Trademark Information

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other applicable intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, CancerOpinions.com does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, service marks, logos, URLs and domain names, ("Marks") displayed on this Site are the property of CancerOpinions.com or other third parties. You are not permitted to use the Marks without the prior written consent of CancerOpinions.com or such third party that may own the Marks.

Use of Site and Services

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services and Materials. You agree to use the Site in an appropriate manner as related to the particular Materials or Services being accessed or used by you. As some examples of improper activities when accessing or using the Site, Services or Materials, you agree that you shall not:

  • Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
  • Access or attempt to access any Material that you are not authorized to access or any Material through any means not intentionally made available through the Site or Services.
  • Access or attempt to access an individual patient portal that was not created for you by CancerOpinions.com or that you are not otherwise authorized to access or attempt to access.
  • Use the Site, Services or any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, systems resources, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
  • Transmit unsolicited or bulk communications to any CancerOpinions.com affiliated e-mail address.
  • Disrupt, interfere or inhibit any other user from using and enjoying the Site or other affiliated or linked sites, Materials or Services.
  • Access or use the Site in any manner that could damage, disable, overburden or impair any CancerOpinions.com server or the network(s) connected to any CancerOpinions.com server.
  • Violate any applicable laws or regulations related to the access to or use of the Site, Services or any Materials or engage in any activity prohibited by the Terms of Use.
  • Use any CancerOpinions.com domain name as a pseudonymous return e-mail address.

You will be required to register with CancerOpinions.com at the Site and provide certain personal information in order to obtain certain Services.  All required registration information and other personal information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis.  If required, you must also choose a user name and password that will provide access to your patient portal.  It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential.  If you become aware of any unauthorized use of your patient portal or any other breach of security, you shall notify CancerOpinions.com immediately. If any Services or Materials provide password-restricted access to your sensitive information then by accessing or using this Site and permitting CancerOpinions.com to set up a password-restricted patient portal for such Services or Materials, you consent to CancerOpinions.com's display of such information via such Services or Materials and accept all risks of unauthorized access to such information.

Use of CancerOpinions.com Materials

You are specifically authorized to view, download, print and otherwise utilize certain Materials created by CancerOpinions.com's independent physician consultants based upon their review of your personal health information or provided by you and stored in your individual patient portal (i.e., medical information, medical records, second opinion consultations, etc.).  As noted above, you are encouraged to discuss and review such Materials with your personal physician or specialist.

The rights specified above to view, download and print the CancerOpinions.com Materials available on this Site are not applicable to the design, layout or look and feel of this Site. Such elements of the Site are protected by law, including trade dress, trademark, unfair competition and other laws, and may not be copied or imitated in whole or in part. No Mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by CancerOpinions.com. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

Linking to this Site

Creating or maintaining any link from another website to any page on this Site without CancerOpinions.com's prior written permission is prohibited.  Running or displaying this Site or any Materials displayed on this Site in frames or through similar means on another website without CancerOpinions.com's prior written permission is prohibited.  Any permitted links to this Site must comply with all applicable laws, rules and regulations.

Links to Third Party Sites

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by CancerOpinions.com to you as a convenience and the inclusion of the links do not imply any endorsement by CancerOpinions.com of any Linked Site. CancerOpinions.com has no control of the Linked Sites and you therefore acknowledge and agree that CancerOpinions.com is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that CancerOpinions.com is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site.

Warranties and Disclaimers

THE SITE, SERVICES AND MATERIALS ARE PROVIDED BY CANCEROPINIONS.COM UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, SATISFACTORY QUALITY AND THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, CANCEROPINIONS.COM MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) YOUR DESIRED RESULTS WILL BE OBTAINED FROM YOUR USE OF THE SERVICES DESCRIBED ON THE SITE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

YOU ACKNOWLEDGE AND AGREE THAT: (i) CANCEROPINIONS.COM DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) CANCEROPINIONS.COM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CANCEROPINIONS.COM SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.  CANCEROPINIONS.COM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CANCEROPINIONS.COM OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.  CANCEROPINIONS.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

Limitation of Liability

IN NO EVENT SHALL CANCEROPINIONS.COM, OR ITS OWNERS, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, WHETHER OR NOT FORESEEABLE, OR IF CANCEROPINIONS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH: (i) THE ACCESS OR USE OF OR THE INABILITY TO ACCESS OR USE THE SITE, SERVICES, OR MATERIALS; (ii) ANY SERVICES AVAILABLE THAT ARE DELAYED OR INTERRUPTED; (iii) THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR VIA THE SITE, SERVICES OR MATERIALS; (iv) ANY DEALINGS WITH THIRD PARTIES; (v) ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE; OR (vi) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY LINKED SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Indemnity and Liability

You agree to indemnify and hold CancerOpinions.com and its owners, officers, directors, partners, employees, or agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (i) your access to or use of the Site, Services or Materials (including any use by your personal physician or specialist whether or not actually or expressly authorized by you, in connection with the Site or any Services or Materials); (ii) your connection to the Site, Services or Materials; (iii) your violation of the Terms of Use; (iv) your infringement of any third party's Intellectual Property Rights when using any the Site; (v) your violation of any rights of any third party; (vi) your access to or use of Linked Sites and your connections thereto; or (vii) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

Governing Law and Jurisdiction

This Site (excluding linked sites) is controlled by CancerOpinions.com from its offices within the State of Nebraska, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Nebraska, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of an appropriate state or federal court in Nebraska with respect to such matters.

General

The Terms of Use and other rules, guidelines and disclaimers posted via the Site or in connection with the Materials and Services, constitute the entire agreement between CancerOpinions.com and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and CancerOpinions.com on such subject matter (including any prior versions of the Terms of Use). If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by CancerOpinions.com to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.