1. ACCEPTANCE OF TERMS
Welcome to 2ndcanceropinionusa.org (the "Site"), a web
site provided to you ("you") by 2nd Cancer Opinion
("2nd Cancer Opinion").
The Terms and Conditions of Service include
any posted guidelines or rules applicable to particular Services
(as defined below) and, as updated by 2nd Cancer Opinion from
time to time, are collectively referred to as the "Terms
and Conditions" and govern your use of the Site and
Services. You should carefully read the Terms and Conditions
before using our Site or the Services. You can review the most
current version of the Terms and Conditions at any time at
http://www.2ndcanceropinionusa.org. By using our Site or the
Services or indicating your agreement by clicking the "I
agree" button, you agree to be bound by the Terms and
Conditions and are indicating that you are at least eighteen
years old and have the legal authority to accept the Terms and
Conditions. This is a legally binding agreement. If you do not
agree with the Terms and Conditions, you should not use the Site
or the Services and must click the "I do not agree"
In order to use this site, you MUST
have an established cancer treating physician. The purpose
of this site is to help you and your treating physician enhance
your treatment options. Therefore, advice given by 2nd
Cancer Opinion MUST be shared with your treating
physician. It is up to the judgment of the treating
physician whether to agree or disagree with our opinion.
We are NOT TREATING ANYONE, but just
offering a second advice based on scientific data. BY NO
MEANS should patients act on this advice UNLESS the actual
treating physician agrees with this opinion.
If there is a disagreement with the
advice provided by 2nd Cancer Opinion, we recommend that a third
or even a fourth opinion be sought, UNTIL THERE IS CONSISTENCY
2nd Cancer Opinion will not be held
responsible for any harm, complications, or side effects resulting
from any recommendation or treatment advice issued by this
website. The "Personalized Recommendation
Report" is simply an "advice" and not an actual
treatment. You must not act on this advice alone.
This advice must be shared with your primary treating
physician. It is up to the discretion of your primary
treating physician to administer the treatment after a mutual
consent (between you, "the patient", and your primary
treating oncologist, "the physician").
Therefore, any side effects or complications must be referred to
your primary treating physician.
advice given by 2nd Cancer Opinion is only for informational and
educational purposes and is not a substitute for diagnosis and
treatment of patients. Therefore, you expressly agree and
understand that 2nd Cancer Opinion and its physicians shall not
be held liable for any direct, indirect, incidental or
consequential harm to your health, complications or side
effects, including but not limited to loss of life or death from
using this website and the advice given by its physicians.
2. DISCLAIMER ON EMERGENCY MEDICAL CONDITIONS.
DO NOT USE THIS SITE FOR MEDICAL EMERGENCY SERVICES. IN AN
EMERGENCY, CALL 911, YOUR PERSONAL PHYSICIAN AND/OR YOUR LOCAL
EMERGENCY ASSISTANCE NUMBER.
3. MEDICAL DISCLAIMERS
The Site contains certain content and information, including
text and images ("Content"). The Content available
through the Site is for informational and educational purposes
only and is not a substitute for the professional judgment of
the health care professional in diagnosing and treating
patients. 2nd Cancer Opinion does not treat, nor
does it provide medical or diagnostic services through the Site.
Your reliance upon Content obtained by you at or through the
Site is solely at your own risk. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all Content. Always seek the advice of your
physician or other qualified health provider with any questions
you may have regarding a medical condition. Never disregard
professional medical advice or delay seeking it because of
something you have read on the Site. 2nd Cancer Opinion does not
endorse or credential the clinical studies listed on the Site
and makes no representations or warranties about the type of
services or quality of care incorporated in such studies.
The Site describes certain services, which 2nd Cancer Opinion
may change or update from time to time (the
"Services"): The Site includes information about 2nd Cancer Opinion
services aimed at assisting cancer patients to understand and
select appropriate treatment, and a Personalized Recommendations
Report ("PRR") that may assist in
understanding your options. The PRR includes a
list of clinical trials that relate to your specific diagnosis,
treatment history and other characteristics. The PRR also
contains a compilation of publicly available articles relevant
to your disease, including information on nutrition, coping with
cancer and other related topics of interest.
Please note that the accuracy of the PRR
upon the accuracy of the information you submit to 2nd Cancer Opinion.
5. USE OF SERVICES
To use the Site and Services you will need access to the World
Wide Web, and you must pay any fees associated with your use of
such access and the Services you obtain. You will also need
equipment and a modem or another access device. 2nd Cancer Opinion
currently uses SSL technology on some Site pages to help protect
information that passes over the Internet. You must have certain
browser capability to take advantage of this encryption
6. REGISTRATION AND PAYMENT REQUIREMENTS.
To obtain a personalized copy of the PRR through the Site, you
must register with the Site. 2nd Cancer Opinion requires you to
provide your name; company name, if applicable; address; phone
number; email address; payment information, including your
credit card number and expiration date; whether you are a
physician or patient; and information concerning a particular
medical condition. If you are a physician, you are responsible
for obtaining all necessary rights to submit information about
your patients. 2nd Cancer Opinion is not responsible for any
loss or damage arising from your failure to comply with the
provisions of this section.
You may contact us as follows:
Email : email@example.com
The information 2nd Cancer Opinion obtains
from you will be used only in accordance with 2nd Cancer Opinion
7. REFUND POLICY
No refunds will be provided on any PRR orders.
8. DISCLAIMER OF WARRANTIES
THE USE OF THE SITE AND SERVICES IS SOLELY AT YOUR OWN RISK. THE
SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS. 2nd Cancer Opinion EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE
AND SERVICES, INCLUDING ANY MEDICAL INFORMATION, WHETHER EXPRESS
OR IMPLIED INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 2nd Cancer Opinion MAKES
NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR
REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT,
ACCURATE, COMPLETE OR ERROR-FREE OR THAT THE RESULTS THAT MAY BE
OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR
RELIABLE. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND
EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR
DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE THE
SITE OR SERVICES. YOU MAY HAVE OTHER RIGHTS WHICH MAY VARY FROM
STATE TO STATE.
9. EXCLUSIONS AND LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 2nd Cancer Opinion SHALL
NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
LOSS, OR OTHER LOSSES (EVEN IF 2nd Cancer Opinion HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i)
THE USE OR INABILITY TO USE THE SITE OR SERVICES, (ii) THE COST
OF PROCUREMENT OF ANY SUBSTITUTE GOODS AND/OR SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH
YOU WERE UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO
BE EFFECTED, (iii) ANY LINK PROVIDED IN CONNECTION WITH THE
SERVICES, (iv) YOUR RELIANCE ON ANY OF THE SERVICES; (v) THE
INTERRUPTION, SUSPENSION, TERMINATION OF ANY SERVICES HEREUNDER,
OR (vi) ANY MATTER OTHERWISE RELATED TO YOUR USE OF THE SITE OR
SERVICES. IN NO EVENT SHALL 2nd Cancer Opinion LIABILITY TO YOU
RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED THE
AMOUNTS ACTUALLY PAID BY YOU TO 2nd Cancer Opinion FOR THE PRR.
10. NO RESALE OF SERVICES
You agree to use the Services solely to accommodate your own
needs and not to offer the Services to any third party. You may
not use or exploit any portion of the Site or Services to
provide any commercial services to third parties.
11. INTELLECTUAL PROPERTY
The Content of the Services is owned by 2nd Cancer Opinion and
third parties and is protected by the United States Copyright
Act of 1976, as amended, and the copyright laws of other
countries. Certain materials are used by permission of their
respective owners. The Content of the Site may not be copied,
reproduced, republished, uploaded, posted, transmitted, or
distributed in any way without the prior written permission of 2nd Cancer Opinion,
except that, subject to your compliance with the Terms and
Conditions, 2nd Cancer Opinion authorizes you to view or
download a single copy of the Content provided that you keep
intact all copyright, trademark, and other proprietary notices.
Modification of Content or use of Content for any other purpose
is a violation of the rights of 2nd Cancer Opinion, or third
parties and vitiates 2nd Cancer Opinion Refund Policy. Nothing
herein shall be construed as conferring by implication,
estoppels, or otherwise, any license or right under any
copyright, patent, trademark or other proprietary interest of 2nd Cancer Opinion,
or third parties.
2nd Cancer Opinion are trademarks owned by 2nd Cancer Opinion.
Other trademarks are used with the permission of their
respective owners. You agree not to use or display trademarks
without the prior written consent of 2nd Cancer Opinion or the
owner of such mark.
The Services may include links to other World Wide Web sites.
You acknowledge and agree that such links are provided for your
convenience and do not reflect any endorsement by 2nd Cancer Opinion
with respect to the provider of such linked site or the quality,
reliability or any other characteristic or feature of such
linked site and 2nd Cancer Opinion is not responsible in any
manner (including without limitation with respect to any loss or
injury you suffer) for any matter associated with the linked
site, including without limitation, the content provided on or
through any such linked site or your reliance thereon. 2nd Cancer Opinion
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
LINKED SITE: YOUR USE OF ANY LINKED SITE IS AT NO RISK TO 2nd Cancer Opinion.
In addition, you should be aware that your use of any linked
site is subject to the terms and conditions applicable to that
You agree to hold harmless and indemnify 2nd Cancer Opinion and
its affiliates, and each of its officers, directors, and
employees from and against any and all third party claims,
demands, proceedings and any losses, liabilities, damages,
costs, payments and expenses, including reasonable attorneys
fees, costs and expenses arising out of, directly or indirectly,
your use of the Site or Services including, without limitation
(a) any unlawful use of the Site, and (b) any use of the Site or
Services that violates the Terms and Conditions.
14. JURISDICTION AND VENUE
The Site is intended for use by United States residents and non-U.S.
residents. You and 2nd Cancer Opinion
agree that this Agreement and the relationship between you and 2nd Cancer Opinion
will be governed by the laws of the State of Georgia, without
respect to its conflict of laws provisions and that venue with
respect to any dispute between you and 2nd Cancer Opinion will
rest exclusively in the courts of Houston County and the United
States District Court for the District of Georgia.
2nd Cancer Opinion may change the Terms and Conditions from
time-to-time. If such a change is made, 2nd Cancer Opinion will
post the revised Terms and Conditions on the Site. 2nd Cancer Opinion
reserves the right to add to or change the Services offered or
to cease offering any or all of the Services at any time. 2nd Cancer Opinion
may add to, change, delete or terminate your use of the Services
at any time for any reason without notice to you. 2nd Cancer Opinion
shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Services. 2nd Cancer Opinion
reserves the right to refuse to offer Services to anyone at
anytime without notice.
The Terms and Conditions constitute the entire agreement between
you and 2nd Cancer Opinion relating to the Site and Services.
There is no agency, partnership, joint venture,
employee-employer or physician-patient relationship between you
and 2nd Cancer Opinion arising through the use of the Site or
the provision of the PRR. You also may be subject to additional
terms and conditions that may apply when you use third party
content or services available through the Site or Services. The
Terms and Conditions are binding upon your successors, assigns,
heirs and executors. If any provision of the Terms and
Conditions is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of the Terms and
Conditions, which shall remain in full force and effect. The
failure of 2nd Cancer Opinion to exercise or enforce any right
or provision of the Terms and Conditions shall not constitute a
waiver of such right or condition. You agree that regardless of
any statute or law to the contrary, any claim or cause of action
arising out of or related to the Site, Services or the Terms and
Conditions must be filed within one year after such claim or
cause of action arose. The section titles of the Terms and
Conditions are merely for convenience and will not have any
effect on the substantive meaning of this Agreement.
IF YOU AGREE TO THE FOREGOING TERMS AND
CONDITIONS, PLEASE INDICATE YOUR AGREEMENT BY CLICKING THE BOX
LABELED "I ACCEPT THE TERMS". IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE.