Terms and Conditions
This access agreement ("Agreement") sets forth the terms,
provisions and conditions which will apply to and control any access
to or use of the Fox Chase Cancer Center Prognostic Nomograms
Website.
THIS IS AN ACCESS AGREEMENT BETWEEN YOU ("YOU" or "USER") AND
FOX CHASE CANCER CENTER ("FCCC"). YOUR USE OF THIS WEB SITE AND / OR
ANY OF THE NOMOGRAMS (COLLECTIVELY, THE "SITE") AND YOUR ACCESS TO
THE SITE ARE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS
AGREEMENT. FURTHER, YOUR ACCESS TO AND USE OF THE SITE SIGNIFIES
YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE SET FORTH IN THIS
AGREEMENT. YOU ACKNOWLEDGE THAT THE SITE AND THE NOMOGRAMS ARE OWNED
BY FCCC AND ANY USE BY YOU OF THE SITE SHALL NOT PROVIDE YOU WITH
ANY OWNERSHIP OR OTHER RIGHTS OTHER THAN AS SPECIFICALLY PROVIDED
WITHIN THIS AGREEMENT.
IMPORTANT NOTICE: THIS WEBSITE AND THE NOMOGRAM DATA AND
FORMULAS PRESENTED WITHIN THIS WEBSITE -- WHICH INCLUDES FCCC'S
ONLINE AND / OR ELECTRONIC DOCUMENTATION -- IS OWNED BY FOX CHASE
CANCER CENTER AND IS PROTECTED BY CONTRACT, TRADE SECRET AND
COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS
OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. FCCC IS WILLING TO
ALLOW YOU ACCESS TO THIS SITE, ONLY ON THE CONDITION THAT YOU ACCEPT
ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THE TERMS
OF THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE
BECAUSE BY ACCESSING THE SITE YOU EXPRESSLY ACKNOWLEDGE AND AGREE
THAT YOU SHALL BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT WANT TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU ARE NOT
AUTHORIZED TO ACCESS OR USE THE SITE AND YOU SHOULD NOT USE IT, AND
YOU SHOULD EXIT THIS SITE NOW. BY ACCESSING AND USING THE SITE, YOU
HEREBY AGREE TO THE FOLLOWING TERMS AND PROVISIONS:
NOMOGRAM WEBSITE LIMITATIONS: This Site and the tools and
information provided within this Site are intended to provide
general health information only. This Site and the predictive tools,
or prognostic nomograms available through this Site are not intended
to be, and you should not consider them to be a substitute for
medical advice, diagnoses, or treatment of any health condition or
problem. FCCC recommends that you always consult with a physician or
other professional healthcare provider prior to making any
decisions, or undertaking (or not undertaking) any actions relating
to any healthcare condition, issue, or problem that you may have at
any time.
I. PERMITTED ACCESS TO AND USE OF THE SITE AND DATA CONTAINED
THEREIN; PROPRIETARY RIGHTS IN THE SITE
A. On the terms and subject to the conditions and limitations
set forth herein, you are hereby granted a non-exclusive, limited,
and revocable right to access and use the Site. The Site may be used
solely by you for the limited purpose of review and use of the
predictive tools presented within the Site. You specifically
acknowledge and agree that neither FCCC, nor any other person or
entity, is liable or otherwise responsible for any decision made, or
any action taken (or not taken) as a result of your review and use
of any information presented within the Site.
B. Site Ownership -- You acknowledge and agree that all
aspects of the Site are proprietary, copyrighted and/or other
intellectual property of FCCC, and are protected by applicable
copyright, patent, trademark and/or other intellectual property law.
By way of clarification, you acknowledge that all information or
data in the Site, or which may be uploaded to the Site, is owned by
FCCC, unless expressly provided otherwise in writing by FCCC. Except
to the extent expressly authorized by FCCC, you may not reproduce,
sell, display, distribute, publish, broadcast, circulate, modify, or
commercially exploit the Site in any manner (including electronic,
print or other media now known or hereafter developed) without the
written consent of FCCC. In addition, you shall not (i) remove or
modify any disclaimer or copyright or trademark notice contained in
any data or other information copied or accessed through the Site or
in anything copied or downloaded from the Site without the express
written consent of FCCC; or (ii) reverse engineer, disassemble,
decompile, or use any other means to attempt to discover or to
discover source code contained in any aspect of the Site.
C. You may not alter, modify or change the Site, merge all or
any part of it into another product or database or attempt to
separate any of the components of the Site. You may not reproduce
the Site, or modify or distribute all or any portion of the Site or
information or data without the express consent of FCCC. You may not
create derivative works of or from the Site unless expressly
provided or set forth in writing by FCCC.
D. You may not systematically download or export substantial
sections or portions of the Site for use in another database or for
any commercial purpose unless expressly provided or set forth in
writing by FCCC. Resale of data or other material obtained from the
Site is strictly prohibited. You may not use the Site or its content
or its functionality to create or enable or otherwise facilitate a
web based or internet based or other self-service business or other
commercial application.
E. All title and copyrights in and to the Site and any copies
thereof are owned by FCCC. All title and intellectual property
rights in and to the content which may be accessed through access
and use of the Site is the property of FCCC and is protected by
applicable copyright or other intellectual property laws and
treaties. This Agreement grants you no rights to use such content
other than solely for those purposes set forth in this Agreement.
F. Use of any aspect of the Site in violation of this
Agreement, or any applicable law, rule or regulation (whether of the
United States or other countries), or the rights of or any third
party is prohibited. You agree not to use any data or information
from the Site for any unlawful purposes and to comply with any and
all good faith requests from FCCC to protect FCCC's rights in the
Site.
G. Your access to the Site under this Agreement shall be
terminated automatically if you fail to comply with the provisions
of this Agreement. You agree, upon termination of your permission,
to cease all access and use of the Site, and you must erase and
destroy any copy made for back-up or archive or any other purposes.
H. FCCC reserves the right at any time, with or without
notice, to monitor, modify or discontinue your access and use, and
the terms upon which you access and use the Site.
II. WARRANTIES; NO PHYSICIAN-PATIENT RELATIONSHIP; LIMITATION
ON LIABILITY
A. THE SITE IS PROVIDED ON AN "AS IS" BASIS. FCCC HEREBY
EXPRESSLY DISCLAIMS ANY RISK WHATSOEVER FOR ANY USE BY YOU OF THE
PREDICTIVE TOOLS PROVIDED WITHIN THIS SITE OR RELATED INFORMATION.
FCCC HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, GUARANTIES,
CONDITIONS, COVENANTS AND REPRESENTATIONS OF ANY KIND RELATING TO
THE SITE, INCLUDING WITHOUT LIMITATION ANY RELATING TO
MERCHANTABILITY, QUALITY, ACCURACY, COMPLETENESS, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, TIMELINESS, CURRENCY OR
OTHER ATTRIBUTES, WHETHER EXPRESS OR IMPLIED (IN LAW OR IN FACT),
ORAL OR WRITTEN, OR FROM A COURSE OF DEALING OR USAGE OF TRADE,
ABSENCE OF VIRUSES OR DAMAGING OR DISABLING CODES, OR ANY WARRANTIES
OR REPRESENTATIONS THAT (I) THE SITE OR ACCESS THERETO WILL BE
UNINTERRUPTED OR ERROR-FREE, OR (II) DEFECTS IN THE SITE WILL BE
CORRECTABLE OR CORRECTED. FCCC HAS NO RESPONSIBILITY TO INFORM YOU
OF ANY DIFFICULTIES OTHERS MAY EXPERIENCE CONCERNING USE OF THE
SITE. FCCC SHALL HAVE NO DUTY OR OBLIGATION TO VERIFY, CORRECT,
COMPLETE OR UPDATE ANY CONTENT OR OTHER INFORMATION OR DATA WITHIN
THE SITE. THE SITE IS BEING PROVIDED AS IS WITH ALL FAULTS AND THE
ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND
EFFORT REGARDING THE SITE IS WITH YOU AND YOU AGREE TO RELEASE AND
DISCHARGE FCCC, ITS AFFILIATES, ITS AND THEIR OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS (ALONG WITH FCCC, COLLECTIVELY, "FCCC PERSONS")
AND THE APPLICABLE SOURCE(S) FROM ANY AND ALL RESPONSIBILITY AND
LIABILITY (UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT LIABILITY OR OTHERWISE) FOR ANY LOSS, COST, CLAIM OR DAMAGE
(INCLUDING DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES AND LOST
PROFITS) ARISING OUT OF OR OTHERWISE RELATING TO YOUR ACCESS TO OR
USE OF ANY OF THE SITE OR ANY MALFUNCTION, DELAY, INTERRUPTION,
OMISSION OR FAILURE OF THE SITE.
B. NO PART OF YOUR USE OF THE SITE OR ANY OF THE PREDICTIVE
TOOLS PROVIDED WITHIN THE SITE SHALL CREATE, OR BE DEEMED TO CREATE
ANY EXPRESS OR IMPLIED PHYSICIAN-PATIENT RELATIONSHIP BETWEEN YOU
AND FCCC OR ANY FCCC PERSONS. FCCC DOES NOT ENDORSE OR SUPPORT THE
ACCURACY OR VALIDITY OF ANY OF THE PREDICTIVE TOOLS PROVIDED WITHIN
THE SITE.
C. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL FCCC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF REVENUE OR PROFITS, LOST OR DAMAGED DATA,
BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL, ECONOMIC, OR
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SITE, EVEN IF FCCC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR THEY ARE FORESEEABLE, OR FOR CLAIMS BY A THIRD PARTY.
FCCC'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL IN ALL INSTANCES BE
ZERO.
D. IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, NEITHER
ANY FCCC PERSON NOR ANY SOURCE SHALL BE LIABLE FOR ANY HARM CAUSED
BY THE TRANSMISSION THROUGH THE SITE OF A VIRUS, CODE OR PROGRAMMING
DEVICE THAT MIGHT ACCESS, MODIFY, DELETE, DAMAGE, CORRUPT,
DEACTIVATE, DISABLE, DISRUPT, OR OTHERWISE IMPEDE IN ANY MANNER THE
OPERATION OF ANY OF YOUR SOFTWARE, HARDWARE, DATA OR PROPERTY
III. LINKS TO WEBSITES OUTSIDE OF THE SITE
In the event that you use or access any links included on or
in the Site to gain further access to any World Wide Web site,
Internet location or source of information of any company,
organization or person other than FCCC and the Site, you acknowledge
that such sites, locations and sources are not under the control of
FCCC. You further agree that FCCC shall have no responsibility
whatsoever for any such content or links found at any such site,
location or source, or for your use of such site's, location's or
source's content. FCCC provides such links as a convenience to you,
and FCCC has not tested such links nor has FCCC tested any software
or verified any content found at such sites, locations or sources.
The fact that you use access to any third party websites or that
FCCC may have provided a link to any other site, location or source
does not signify FCCC's endorsement of such site, location and
source (or its contents). There are inherent risks in the use of any
software or content found on the Internet, and you acknowledge that
you understand these risks before accessing or using any such links
from the Site.
IV. INDEMNIFICATION
YOU SHALL INDEMNIFY AND HOLD ANY AND ALL FCCC PERSONS AND THE
SOURCES HARMLESS AGAINST ANY AND ALL COSTS, EXPENSES, LOSSES,
LIABILITIES, OBLIGATIONS, DAMAGES, PENALTIES, TO WHICH ANY SUCH
PARTY MAY BECOME SUBJECT, INCLUDING REASONABLE LEGAL AND OTHER
PROFESSIONAL FEES INCURRED IN INVESTIGATING, DEFENDING OR APPEALING
PENDING OR THREATENED CLAIMS, ACTIONS, SUITS, PROCEEDINGS,
ARBITRATIONS, AMOUNTS PAID IN SETTLEMENT THEREOF AND AMOUNTS AWARDED
THEREUNDER (ALL OF THE FOREGOING COLLECTIVELY, "EXPENSES"), DIRECTLY
OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS AGREEMENT, ANY
BREACH HEREOF, FAILURE BY YOU TO CARRY OUT ANY OBLIGATION OR
RESPONSIBILITY HEREUNDER OR PROVISION OF ANY OF THE SITE OR ACCESS
TO OR USE OF THE SITE, OR ANY VIOLATION BY YOU OF APPLICABLE LAWS OR
REQUIREMENTS OR RESTRICTIONS OF FCCC, IN EACH CASE, EXCEPT TO THE
EXTENT A COURT OF APPLICABLE JURISDICTION FINDS IN A NON-APPEALABLE
JUDGMENT THAT SUCH EXPENSES RESULTED DIRECTLY AND PRIMARILY FROM
FCCC'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
V. CONSENT TO RECORDING/MONITORING; AGREEMENT TO ELECTRONIC
SIGNATURE; ELECTRONIC DOCUMENTS
A. Through your access to and use of the Site, you consent to
the recording, retention and use by FCCC of relevant information and
data that you may input or otherwise communicate during your access
to and/or use of the Site. You acknowledge, consent and agree that
FCCC may record, retain and use information obtain through your
access to and/or use of the Site for efficient processing, database
maintenance, record keeping, informing you of opportunities or any
other use in accordance with Paragraph VI herein, and that in
accordance with Paragraph VI herein, FCCC may disclose the same as
FCCC determines in good faith to be appropriate to auditors,
counsel, regulators and self regulatory organizations.
B. FCCC may, in FCCC's sole discretion, seek your consent to
the terms and conditions of this Agreement and certain other
agreements in the Site by means of an electronic signature by
requesting you to affirmatively "click" on boxes containing the
words "I Accept," "I Agree" or other similar phrases (collectively,
"Acceptance Terms"). Please note that in the case of multiple party
accounts each party may be required to "click" on the Acceptance
Terms. If you "click" on the Acceptance Terms, your "click" will be
deemed a legally binding electronic signature. You acknowledge and
agree that you will carefully review any document or web page before
making such an electronic signature.
C. By electronically indicating your agreement to the terms,
provisions and conditions of this Agreement or accessing or using
any portion of the Site after you have had an opportunity to review
this Agreement, you acknowledge and agree: (i) that you intend to
form a legally binding contract between you and FCCC; (ii) that you
have read and agree to the terms, provisions and conditions of this
Agreement; (iii) that you agree and intend that this Agreement is to
be the legal equivalent of signed, written contracts, and equally
binding; (iv) that by electronically agreeing to this Agreement, you
acknowledge that you have received a copy of this Agreement by your
viewing a web page containing a hyperlink to the web page where this
Agreement is displayed or otherwise; and (v) that if you are
executing this Agreement on behalf of others, you hereby certify
that you are an authorized representative, duly authorized by all
required corporate action to act on behalf of such others. Any
agreements that are delivered to you electronically are deemed to be
"in writing." If your signature, agreement, consent or
acknowledgment is required or requested with respect to any such
agreements and such signature, agreement, consent or acknowledgment
is transmitted through the Site under User Codes (by a "click" in
the appropriate space or such other action as may be indicated
through the Site), you will be deemed to have signed or acknowledged
such agreements to the same extent and with the same effect as if
you had signed such agreements manually.
VI. FCCC SITE CONFIDENTIALITY AND SECURITY
FCCC views information security and confidentiality of data
and information to be of critical importance to its clients,
patients, doctors, other customers and to FCCC. Further, it is the
intent of this policy to ensure that confidential information, in
any format, is not divulged outside of FCCC without explicit
approval to do so by FCCC. FCCC complies with the requirements and
implementation deadlines of the Federal Health Insurance Portability
and Accountability Act of 1996 ("HIPAA") and the corresponding HIPAA
regulations relating to the confidentiality and security of medical
information, including but not limited to executing a chain of trust
agreement with other parties, where necessary. Through your access
and use of the Site, you agree to comply with all provisions of
HIPAA and the HIPAA regulations relating to the confidentiality and
security of medical information. As such, all users of the Site and
information contained therein agree to follow the procedures
outlined below:
A. Policy on Confidentiality of Data
Each individual granted access to data and hard copy
information holds a position of trust and must preserve the security
and confidentiality of the information he/she uses. Users of the
Site are required to abide by all applicable Federal and State
guidelines and FCCC use limitations and policies regarding
confidentiality of the Site and data contained therein. It is the
individual's responsibility to report immediately to FCCC any
violation of this policy or any other action, which violates
confidentiality of data.
B. Security Measures and Procedures
You understand that your access to and use of the Site may be
suspended or terminated by FCCC at any time due to any breach on
your part of any of the Site security policies. Any access of the
Site obtained by You without authorization is considered
unauthorized access. Breach of confidentiality, including aiding,
abetting, or acting in conspiracy with any other person to violate
any part of this policy, may result in sanctions, civil or criminal
prosecution and penalties, employment and/or FCCC disciplinary
action, and could lead to dismissal, suspension or revocation of all
access privileges.
VII. MISCELLANEOUS
A. The Site is published in the United States. You agree that
any access to or use of the Site will be deemed to be entirely at
our facility in the Commonwealth of Pennsylvania, under and subject
to applicable Pennsylvania and United States Federal law, rules and
regulations. This Agreement and all the terms herein will be
governed by and construed in accordance with the laws of the
Commonwealth of Pennsylvania without giving effect to principles of
conflicts of law.
B. FCCC may modify these terms, provisions and conditions at
any time upon notice, including by posting the modified Agreement to
the Site. You agree that if you use any aspect of the Site after any
changes and posting of such amended Agreement to the Site, you will
be bound by all such changes. At the time of such modification, you
will have the opportunity to reject the modified Agreement by
discontinuing all access to or use of any aspect of the Site.
C. Should any term or provision of this Agreement be deemed or
held to be invalid or unenforceable, the remaining terms and
provisions shall continue in full force and effect.
D. FCCC's failure to insist at any time upon strict compliance
with any term of this Agreement, or any delay or failure on FCCC's
part to exercise any power or right given to FCCC in this Agreement,
or a continued course of such conduct on FCCC's part shall at no
time operate as a waiver of such power or right, nor shall any
single or partial exercise preclude any future exercise.
E. This Agreement represents the complete and exclusive
statement of the agreement and understanding between you and FCCC
regarding your rights to access and use of any aspect of the Site.
