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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.