Terms of Use
These terms of use (“Terms of Use”) are applicable to any and all access to and/or use of any Texas Oncology website content (“Website”). Any use of this site constitutes your agreement to these Terms of Use.
1. No Minors.
You represent and warrant that you are at least 18 years of age and possess the legal right and ability to agree to and use this site in accordance with these Terms of Use.
2. License.
Texas Oncology grants to you a non-exclusive, non-transferable, limited right to access and use its Website in accordance with these Terms of Use.
3. Copyright.
The Website may contain proprietary content of Texas Oncology that is protected by copyright and other laws respecting proprietary rights. Texas Oncology retains all rights in the Website, including (without limitation) all copyright and other proprietary rights worldwide in all media. By posting content to the Website, you hereby grant Texas Oncology a perpetual, exclusive, unrestricted, non-revocable, royalty-free license to use, print, publish, sell, copy, distribute, make derivative works of, and license others to use the content in any form or medium, now or hereafter existing, or in any language, during the full term of the copyright therein and throughout the world without any duty to compensate you.
4. Privacy.
Registration data and all information submitted or posted by you on the Website is subject to our Privacy Policy, which is incorporated into these Terms of Use by reference. The Privacy Policy governs the use of information by Texas Oncology only, and Texas Oncology disclaims any responsibility for use of such information by any third-party. You agree to notify us promptly of changes in your email address so Texas Oncology can continue to send any notices required hereunder. If you fail to notify Texas Oncology promptly of a change, any notice sent to your old email address shall be deemed sufficient notice.
5. Disclaimer of Medical and Other Professional Advice.
a) Texas Oncology provides business and administrative services to its affiliated practices and other customers discussed on this Web site. Texas Oncology does not own any of its affiliated medical practices, nor does it employ physicians, nurses or other clinical personnel engaged in the delivery of patient care at those practices. Decisions regarding patient care are made solely by each patient’s treating physician based on his/her medical judgment.
b) The Website is provided to educate consumers on health care and medical issues that may affect their daily lives. The Website does not constitute the practice of any medical, nursing or other professional health care advice, diagnosis or treatment. Nothing contained in this site is or should be considered, or used as a substitute for, medical advice, diagnosis or treatment or other professional advice. Information provided on Website does not create a doctor-patient relationship between you and any physician affiliated with Texas Oncology. You should always consult your own physician, lawyer, or other professional advisers for medical, legal, or other professional advice.
6. Changes to Agreement.
Texas Oncology may change the Terms of Use at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Website that the terms have been modified). The changes also will appear in this document, which you can access at any time by going to the Terms of Use link. You agree to be bound by such changes by using the Website after changes are made to these Terms of Use.
7. Limitation of Liability.
a) TEXAS ONCOLOGY MAKES NO REPRESENTATION REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE WEBSITE IS PROVIDED “AS IS.” TEXAS ONCOLOGY MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED. TEXAS ONCOLOGY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE OR THE CONTENT IT CONTAINS OR THE METHOD OF DELIVERING THAT INFORMATION TO USERS. TEXAS ONCOLOGY MAY LINK TO, OR PROMOTE, WEB SITES OR SERVICES FROM OTHER COMPANIES OR OFFER YOU THE ABILITY TO DOWNLOAD SOFTWARE FROM OTHER COMPANIES. TEXAS ONCOLOGY IS NOT RESPONSIBLE FOR, AND DOES NOT CONTROL, THOSE WEB SITES, SERVICES AND SOFTWARE.
TEXAS ONCOLOGY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM WEBSITE CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY third-party WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HOT LINKS IN ANY WEBSITE CONTENT, (C) THE UNAVAILABILITY OF THE WEBSITE, (D) ANY USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN, (E) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY WEBSITE, OR (F) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
b) IN NO EVENT SHALL TEXAS ONCOLOGY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY WAY ARISING FROM OR RELATING TO THIS AGREEMENT OR RESULTING FROM THE USE OF OR INABILITY TO USE THE WEBSITE OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING THE FAILURE OF ESSENTIAL PURPOSE, EVEN IF TEXAS ONCOLOGY HAS BEEN NOTIFIED OF THE POSSIBILITY OF LIKELIHOOD OF SUCH DAMAGES OCCURRING. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
c) IN NO EVENT MAY YOU BRING ANY CLAIM OR CAUSE OF ACTION AGAINST TEXAS ONCOLOGY MORE THAN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
d) You agree to indemnify, defend, and hold Texas Oncology harmless from and against any and all third-party claims and losses arising out of or in any way related to your use of the Website, any use of any content, data, or documentation received through the Website by you, or your breach or alleged breach of these Terms of Use, or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Third-Parties, regardless of the form of action.
8. Digital Millenium Copyright Act (DMCA) Notices.
Texas Oncology respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the Website, please provide the following information in writing to Texas Oncology's Copyright Agent:
a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
b) a description of the copyrighted work that you claim has been infringed;
c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material;
d) information so that we can contact you, such as address, telephone number and e-mail address;
e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Only DMCA notices should be sent to the Copyright Agent. The Texas Oncology Copyright Agent can be reached via The US Oncology Network at:
The US Oncology Network
10101 Woodloch Forest Dr.
The Woodlands, TX 77380
Attention: General Counsel
9. Miscellaneous Provisions.
a) Choice of Law. This Agreement shall for all purposes be governed and construed in accordance with the law of Texas without regard to its choice-of-law rules.
b) Entire Agreement. This Agreement, as it may be amended from time to time in the sole discretion of Texas Oncology, constitutes the entire agreement and supersedes all prior or contemporaneous writings, discussions, agreements, and understandings of any kind, with respect to the subject matter of these Terms of Use.
c) Severability. If any provision of these Terms of Use shall be held to be unenforceable, these Terms of Use will continue in full force and effect without that provision and will be interpreted to reflect the original intent of the Terms of Use.