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” button.
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 OF OPINION.
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.
The 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.
4. SERVICES
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 depends 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 technology.
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 : AkbarCures@gmail.com
Telephone: (478) 318-1116
The information 2nd Cancer Opinion obtains from you will be used only in accordance with 2nd Cancer Opinion Privacy Policy.
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
Copyright:
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.
Trademarks:
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.
12. LINKS
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 site.
13. INDEMNITY
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.
15. CHANGES
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.
16. MISCELLANEOUS
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.