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AGREEMENT BY CLICKING "I ACCEPT THE TERMS". IF YOU DO NOT
AGREE TO THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE SITE.
1. ACCEPTANCE OF TERMS
Welcome to CanceExpertMD.com (the "Site"), a web site provided to you ("you") by CancerExpert MD, Inc. ("Cancer Expert").
The Terms and Conditions of Service include any posted guidelines or rules applicable to particular Services (as defined below) and, as updated by Cancer Experts MDs 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.cancerexpert.com. 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.
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
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. Cancer Experts MDs does not direct medical care, 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. Those opinions and/or comments expressed are based solely on the review of those medical case data records provided to CancerExpert by the patient and/or treating physician[s]. CancerExpert has not examined the patient nor is it proposed to do so in the future. Those opinions and comments rendered herein are intended for advisory purposes only. The scope of the enclosed case review is in no way a substitute for a second [confirmatory] consultation [opinion]. The reports furnished are to be discussed with your treating physician. It is within the sole discretion of the treating physician to determine the course, scope, and extent of treatment. It is expressly agreed and understood that CancerExpert review of those records provided and the rendering of any opinion based upon review of those records provided do not create a physician/patient relationship.
This site is not a substitute for your medical care, or counseling. It is intended to clarify questions you might have regarding your cancer. Any suggestions made by this site should be discussed with your physician[s]. 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. Cancer Experts MDs 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 Cancer Experts MDs may change or update from time to time (the "Services"): The Site includes information about Cancer Experts MDs services aimed at assisting cancer patients to understand and select appropriate clinical trials, or treatment options for their care. Please note that the accuracy of any comments or suggestions made by Cancer Expert MD depends solely upon the accuracy of the information you submit to Cancer Experts MDs. In the future, Cancer Experts MDs may also offer additional value-added services, on its own or through relationships with other companies or providers.
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. Cancer Experts MDs currently uses DSL 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 evaluation and assessment of your questions through the Site, you must register with the Site. Cancer Experts MDs 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. Cancer Experts MDs 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 protected] Experts MD.org
7. REFUND POLICY
No refunds will be provided on any 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. CANCER EXPERTS MDS 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. CANCER ADVISORS 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 CANCER EXPERTS MDS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNATIVE, COMPENSATORY, OR ANY OTHER DAMAGES OF WHATEVER KIND OR NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF CANCER EXPERTS MDS 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 CANCER EXPERTS MDS LIABILITY TO YOU RELATING TO YOUR USE OF THE SITE AND/OR SERVICES EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO CANCER EXPERTS MDS.
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 Cancer Experts MDs and third parties and is protected by the United States Copyright Act of 1976, as amended, and the copyright laws of other countries. Cancer Experts MD.org/terms.html of the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written permission of Cancer Experts MDs, except that, subject to your compliance with the Terms and Conditions, Cancer Experts MDs 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 Cancer Experts MDs, or third parties and vitiates Cancer Experts MDs 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 Cancer Experts MDs, or third parties.
Cancer Experts MDs are trademarks owned by Cancer Experts MDs. 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 Cancer Experts MDs 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 Cancer Experts MDs with respect to the provider of such linked site or the quality, reliability or any other characteristic or feature of such linked site and Cancer Experts MDs 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. CANCER EXPERTS MDS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS AT NO RISK TO CANCER EXPERTS MDS. In addition, you should be aware that your use of any linked site is subject to the terms and conditions applicable to that site.
You agree to hold harmless and indemnify Cancer Experts MDs 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.
Cancer Experts MDs may change the Terms and Conditions from time-to-time. If such a change is made, Cancer Experts MDs will post the revised Terms and Conditions on the Site. Cancer Advisors reserves the right to add to or change the Services offered or to cease offering any or all of the Services at any time. Cancer Experts MDs may add to, change, delete or terminate your use of the Services at any time for any reason without notice to you. Cancer Experts MDs shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. Cancer Experts MDs 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 Cancer Expert MD relating to the Site and Services. There is no agency, partnership, joint venture, employee-employer or physician-patient relationship between you and Cancer Experts MDs arising through the use of the Site. 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 Cancer Experts MDs 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 Terms and Conditions must be filed within one (1) year after such claim or cause of action arose.
This Agreement shall be governed by and interpreted in accordance with the laws of the State of Michigan, without regard to any conflict of law principles. You expressly agree that exclusive jurisdiction for any dispute with Cancer Experts MDs, or any matter relating to your use of this Site, Services or Terms and Conditions, shall be with the courts of the State of Michigan (or the United States District Court for the Eastern District of Michigan, Southern Division) and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any dispute including any claim involving Cancer Experts MDs, its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers
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.