Updated March 2021
Company connects individuals with cancer and others with participating experts (the “Educators”) in real time, via live streaming video, telephone, messaging, app, and/or secure e-mail for the purpose of providing expert education services over the Internet, as well as providing other types of administrative services and information (“Services”). All of the participating Educators have independently contracted to be in the network operated by Company. Company does not provide any physicians’ or other Educators’ services itself.
Use of This Site and the Services – NOT FOR EMERGENCIES
Company’s Site and Services are NOT FOR use for medical Emergencies or urgent situations. You should not disregard or delay seeking medical advice based on anything that appears on Company’s Site. IF YOU THINK YOU HAVE AN EMERGENCY, CALL 911 IMMEDIATELY!
At no time during any Company educational Service are you entering into a doctor-patient relationship with the Educators. Your interaction with the Educators through this Service is not intended to replace your relationship with an existing physician. Company is not an insurance product nor a prescription fulfillment warehouse. Company Educators reserve the right to deny service for actual or potential misuse of these Services. The Services do not include the provision of medical care by Company. Rather, the Services enable access to Educators who have agreed to provide education to Customers using Company’s Services.
Prescription and Testing Policy
Company Educators will not prescribe medications or order medical tests.
Account Enrollment, Eligibility, and Security
Fraud Prevention and Security
Company may contact you by telephone, mail, or email to verify your Company Account information. Company may request further information from you and you agree to provide such further information to ensure you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, Company reserves the right to suspend, discontinue, or deny your access to and use of the Site and Services, until the information is provided by the Customer to Company as requested.
Information Provided by You
As part of the signing up process, you are required to provide us with certain personal and medical information. Additionally, it is your responsibility to update Company as promptly as possible with changes to your personal and/or medical information so that all records are current, complete, and accurate. At any given time, you may be notified that information may be available for your review that is considered time sensitive, such as appointment schedule, medical information, diagnosis, lab results, etc, to the e-mail address that you provided as your contact point. Please keep this in mind when determining which e-mail address you offer as a contact point. You are obliged to provide us the following information:
- Change in e-mail address
- Change of address
- Change of phone number
- Change of ownership of account (if applicable*)
- Change of credit card number (if applicable*)
- Change of banking information (if applicable*)
- Change of credit card expiration date (if applicable*)
*Note some user access is funded by employers. For those users, this information will not be required.
Company Electronic Record
Information Resources (Opt-In)
By subscribing to Company’s services you are agreeing to opt-in to the receipt of newsletters and other information regarding common medical and health-related topics, clinical trial information, or preventive care messages containing specific medical and health-related information, links to other related web sites and specific questions related to the information contained in your Company Record. Additionally, Company makes available self-care informational services that provide general medical and health information. These communications and resources are not comprehensive medical text and do not include all the potential information regarding the subject matter. These communications and resources are for general educational and informational purposes only, and should not be relied upon as a substitute for patient-specific advice, medical diagnosis, and treatment or construed, directly or indirectly, as the practice of medicine or dispensing of medical services by Company. Such information is not a substitute for seeing an appropriate healthcare professional for medical treatment, emergency medical services, or urgent care. The information contained in these communications and resources are compiled from a variety of sources and may or may not be considered authored by Company. Company makes no warranty as to the content of these materials or the information contained therein, or represents or warrants that any particular drug or treatment is safe, appropriate, or effective for you. If you do not wish to receive such communications, you may opt-out at any time by contacting Customer Services.
Limitations on Use
You agree that you will not attempt to use the Services as a substitute for any service that must be provided to you by your regular healthcare professional as a follow up to an in-office visit, as required by your healthcare plan. You will not use the Site, App, or Services in any unlawful way and/or for any unlawful purpose. You will not post or transmit a message under a false name, or use the network resources of Company to impersonate another person or misrepresent authorization to act on behalf of others or Company. All messages transmitted via Company should correctly identify the sender. You may not alter the attribution of origin in electronic mail messages or posting. You will not allow another person or entity to use your account, username, or password to access or use the Site or Services, or post or view comments. You will not attempt to undermine the security or integrity of computing systems or networks of Company and/or its Partners, or those accessed through or with their product, and must not attempt to gain unauthorized access. You may not harvest or collect PHI about any other individual who uses the Service. You may not post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, libelous, pornographic or profane, or that contains or promotes any virus, worm, Trojan horse, time bomb, or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services. You may not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security or proper function of the Site or the Services. You will not use robots or scripts with the Site. You will not attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, or information on or received by this Site.
You further agree that any information you provide or use on the Site, and your use of the Site or Services will not infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including such rights of third parties.
Company maintains the right to delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, and obscene or in violation of a copyright, trademark or other intellectual property or ownership right of any other person.
Company reserves complete and sole discretion with respect to the operation of the Company Services, Site and App. Company may, among other things, withdraw, suspend, or discontinue any functionality or feature of the Company Services, Site or App. Company is not responsible for transmission errors or corruption or compromise of information carried over local or interchange telecommunications carriers. Company is not responsible for maintaining information arising from use of the Site or in respect of the Services. Company reserves the right to maintain, delete, or destroy all communications and information posted or uploaded to the Services in accordance with its internal record retention and/or destruction policies.
Temporary Use License Granted
With the exception of your Electronic Records, Company retains all right, title, and interest in and to Company, the Services and any Information, products, documentation, software or other materials on the Site, and any patent, copyright, trade secret, trademark, service mark or other intellectual property or proprietary right in any of the foregoing, except for Information on the Site licensed by Company, and in that case, the license Educator retains all right, title and interest therein. The information available through the Site and the Services is the property of Company, or if licensed by Company, the license Educator.
You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part. You agree that violations by you, any other person or entity, of these copyrights, trade secrets, patents, other intellectual property protections, or the terms of this Agreement will be prosecuted to the fullest extent of the Law in the federal and state courts located in New Jersey. The final choice of whether a customer is in violation of any of these policies is at the sole discretion of Company. Nothing contained on the Site should be construed as granting, by implication, estoppels, waiver or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Company or the third-party owner of such trademarks, service marks, and logos. The Site may contain other proprietary notices and copyright information, the terms of which you must and agree to follow.
The Services are designed for and intended for users in the United States or users interested in accessing Educators in the United States. Company makes no representation that the information and services provided on the Site or App or through the Services are applicable to, appropriate for, or available outside the United States. Accessing the Services from territories where the content is illegal is prohibited.
Legal Notices and Disclaimers
Medical Disclaimers: Company makes no representation or warranty as to the content of any information from any Educator. Educators are independent contractors and not employees of Company. You and your Educator are solely responsible for all information and/or communication sent during a video/telephone/email education or other communication. Company does not guarantee that information provided by an Educator during a video/telephone/education is the appropriate information for your particular healthcare problem. Furthermore, Company is not a substitute for your selected local healthcare provider. You agree to contact your local healthcare provider immediately should your condition change or your symptoms worsen. If you require urgent care, you should contact your local emergency services immediately.
Content Disclaimers: No information found on this Site should be relied on as professional medical advice. Nothing contained in this Site should be construed, directly or indirectly, as the practice of medicine or the provision of medical services by Company. The information and Services provided on or through this Site are intended solely as general educational material and provide a mechanism to find and connect to an Educator. Always seek the advice of a physician or other qualified healthcare Consultant concerning questions you have regarding and medical condition, and before starting, stopping, or modifying any treatment or medication. Never delay obtaining medical advice or disregard medical advice because of something you have or have not read on this Site. Company makes no warranties or representations as to the accuracy of the information provided on the Site, and assumes no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon the information and material on the Site. You assume the entire risk of loss in using the Site and information contained in the Site.
Specific Disclaimers relating to dialogue hosted through the Site via Skipta: Authorized users may post questions or issues through the Site on Skipta. Company does not monitor such postings nor the comments or responses thereto. As such, Company makes absolutely no representation regarding any question or information posted by through the Site on the Skipta platform.
YOU ACKNOWLEDGE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK, THAT YOU ARE NOT ENTERING INTO A DOCTOR-PATIENT RELATIONSHIP, AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL RISK ASSOCIATED THEREWITH. ALL INFORMATION, PRODUCTS OR SERVICES CONTAINED ON OR PROVIDED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW Company AND ITS SHAREHOLDERS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES OR OTHER REPRESENTATIVES (COLLECTIVELY, “AFFILIATES”) HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUS STRAINS. WITHOUT LIMITING THE FOREGOING, Company AND ITS AFFILIATES MAKE NO WARRANTY AS TO THE RELIABILITY, ACCURACY, TIMELINESS, USEFULNESS, ADEQUACY, COMPLETENESS OR SUITABILITY OF THE COMPANY PRODUCTS AND SERVICES PROVIDED HEREUNDER. Company MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED THROUGH THE Company SERVICES.
Company does not endorse the promotions, products, or services of any third parties. Company does not warrant or validate the information of any third-party advertisements, promotions, communications, or other materials that may be accessed by a link to the site or otherwise. Company does not assume any responsibility or liability for the accuracy of information contained in this Site or any third-party web sites.
Service Reliability and Warranties
Company makes no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, 100% secure, or error free, or that defects, if any, will be corrected. This includes loss of data resulting from delays, and any service interruption caused by Company employees. Company is not responsible for transmission errors or corruption or compromise of data carried over local or interchange telecommunication carriers.
Company will take all necessary precautions to protect against failure of our equipment and software. The Customer acknowledges and agrees that temporary interruptions in service may occur, and that Company shall have no liability for any claim, cost, charge, loss or expense arising from or relating to use of the Services. The Customer acknowledges and agrees that data may be lost or corrupted in connection with use of the Services. Company may perform regular back-ups of all data stored, but shall have no liability to Customer in the event all data is lost or destroyed. Customer acknowledges and agrees that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Services.
Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, AND WITHOUT LIMITATION:
Company SHALL NOT BE LIABLE FOR THE ACTS OR OMISSIONS OF ANY OF THE INDEPENDENT EDUCATORS.
YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO COMPANY AND ITS SERVICES OR ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR DISCLOSURE OF INFORMATION ON THE SERVICES CAUSED BY YOU OR ANY PERSON USING YOUR USER NAME OR PASSWORD. COMPANY DOES NOT ASSUME ANY LIABILITY ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR MISUSE OF ANY OF THE ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICES.
IN NO EVENT SHALL COMPANY NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF (I) THE MONTHLY OR ANNUAL SUBSCRIPTION RATE PAID UNDER YOUR PLAN, OR (II) IN THE EVENT NO PURCHASE PRICE WAS PAID OR REQUIRED, THE LIQUIDATED SUM OF $500.00. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY NOR ANY OF ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM (I) PERSONAL INJURY, WRONGFUL DEATH, LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OF SERVICE OR LOSS OF DATA, OR (II) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATON OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO COMPANY RECORDS, PROGRAMS OR SERVICES, AND WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO USE, THIS SITE, APP OR ANY SERVICE OFFERED THROUGH THIS SITE OR APP OR ANY MATERIAL OR INFORMATION CONTAINED IN, ACCESSED THROUGH, OR PRODUCTS PURCHASED ON THIS WEB SITE, EVEN IF AN AUTHORIZED REPRESENTATIVE OF COMPANY IS ADVISED OF THE LIKELIHOOD OR POSSIBILITY OF THE SAME. TO THE EXTENT CERTAIN JURSIDICTIONS RESTRICT ANY OF THE ABOVE LIMITATIONS OF LIABILITY; SUCH LIMITATIONS SHALL NOT APPLY IN SUCH JURISDICTIONS TO THE EXTENT OF SUCH RESTRICTIONS. YOU ACKNOWLEDGE AND AGREE THAT COMPANY’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES, AND IN CIRCUMSTANCES WHERE THE FOREGOING LIMITATION IS FINALLY DETERMINED TO BE UNAVAILABLE SHALL NOT EXCEED THE SUBSCRIPTION PRICE PAID BY YOU, OR ON YOUR BEHALF, DURING THE 12 MONTHS, PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES OR LIABILITIES.
YOU AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.
The Indemnification and Disclaimers provisions set forth above are for the benefit of Company, and its Affiliates. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Termination and Survival
Fees and Applicable Charges
If your employer or your employer’s third party benefits administrator has arranged with Company to pay for fees associated with your access to these Services, then (i) Company will not require you to provide credit card information, and (ii) upon termination of your employment you will no longer have access to the Services.
The calendar as seen on the Site is based on USA Eastern Time (E.T.). If a customer is outside of the (E.T.) time zone it is that Customer’s responsibility, at the time of scheduling an educational session and at the time of attendance of their session, to accommodate for this difference. Company will not refund or reschedule appointments based on an error by the Customer based on this issue.
Notwithstanding anything herein to the contrary, Company shall not be liable for any losses arising out of the delay or interruption of its performances of any obligations due to any act of God, act of governmental authority, act of public enemy, war, severe weather conditions, or any other cause beyond its control.
No Third Party Rights
Governing Law, Jurisdiction, and Venue
Waiver of Jury Trial
Spam and Compliance With Anti-Spamming Laws
Company has a strict zero tolerance for unsolicited bulk email, unsolicited posting to news groups or other illegal activities. You shall not use or permit any your employees, agents or affiliates to: market, promote or solicit Company products in ways that violate the federal CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing) or any other laws of the United States. You shall not, infringe the rights of others, shall not distribute chain letters or unsolicited bulk electronic mail (“spamming”); propagate computer worms or viruses; use a false identity; attempt to gain unauthorized entry to any site or network; infringe copyrights, trademarks, or other intellectual property rights. You further agree to comply with U.S. export laws concerning the transmission of technical data and other regulated materials via the Worldwide Web. You agrees to indemnify and hold Company and its Affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Company and its Affiliates harmless against and from losses, damages, costs, and reasonable attorneys’ fees, if any, incurred in defending and/or resolving any suits brought against Company or any of its Affiliates, by anyone arising out of an alleged violation of any anti-spamming rules, regulations, laws, statutes, and the like. Your account will be terminated for any of the above infractions.
Company may provide notice by e-mail to the e-mail address you provided during the registration, by a general notice on the Company Web site, or by written communication delivered by first class U. S. mail or express courier to your address on record in the Company account information. You may give notice to Company at any time via electronic mail to [support@XXXXX.com] or by letter delivered by first class postage prepaid U. S. mail or overnight courier to Company, 1 Cattano Ave, Morristown, NJ 07963 , Attn: Customer Service.
Comments, Suggestions, and Submissions
Company welcomes comments, suggestions and submissions by its Customers. Any comments, suggestions and submissions made by Customers, including but not limited to, messages, notes, feedback, artwork, communications, computer code or creative materials provided to Company shall become the exclusive property of Company. At the time the comment, suggestion, and/or submission is made it shall act as a full assignment to Company of all rights whatsoever (copyright, patentability, and intellectual property). Company shall have the right to use said comment, suggestion, and/or submission as its own for all legal purposes including but not limited to reproduction, disclosure, publishing, distribution and the like without any compensation to Customer. This section shall not include any personal information submitted by Customer that would be included as part of the Health Information Portability and Accountability Act of 1996. Please submit comments and suggestions to Customer Service at the address or email provided in the Notice Section above.
- Acknowledgement: Company and the End-User acknowledge that the End User License Agreement (“EULA”) is concluded between Company and the End-User only, and not with Apple, and Company, not Apple, is solely responsible for the Licensed App and the content thereof. The EULA may not provide for usage rules for Licensed Apps that are in conflict with, the App Store Terms of Service as of the Effective Date (which Company and the End-User acknowledge they have had the opportunity to review).
- Scope of License: The License granted to the End-User for the Licensed App is limited to a non-transferable license to use the Licensed App on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that such Licensed App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
- Maintenance and Support: Company is solely responsible for providing any maintenance and support services with respect to the Licensed App, as specified in the EULA, or as required under applicable law. Company and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed App.
- Warranty: Company is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed App to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed App to that End-User; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility.
- Product Claims: Company and the End-User acknowledge that Company, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed App or the End-User’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Company’s Licensed App’s use of the HealthKit and HomeKit frameworks. The EULA is not intended to limit Company’s liability to the End-User beyond what is permitted by applicable law.
- Intellectual Property Rights: Company and the End-User acknowledge that, in the event of any third-party claim that the Licensed App or the End-User’s possession and use of that Licensed App infringes that third-party’s intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance: The End-User hereby represents and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
- Developer Name and Address: Company’s name and address, and the contact information (telephone number; E-mail address) to which any End-User questions, complaints or claims with respect to the Licensed App should be directed are set forth above in Company’s standard licensing terms.
- Third Party Terms of Agreement: Company hereby notifies End-User that he/she must comply with applicable third-party terms of agreement when using Company’s App, e.g., if Company have a VoIP application, then the End-User must not be in violation of their wireless data service agreement when using Company’s App.
- Third Party Beneficiary: Company and the End-User acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the EULA, and that, upon the End-User’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against the End-User as a third party beneficiary thereof.
NOTICE. Conflicting terms: to the extent that any of Company’s standard terms and conditions of use of its Licensed Application as set forth above conflict with any of the provisions set forth in paragraphs 1 through 10 above, the provisions set forth above shall supersede and control.