LAST MODIFIED: March 2020
IF YOU ARE UNDER 18 YEARS OLD, YOUR PARENT OR LEGAL GUARDIAN MUST READ, UNDERSTAND, AND AGREE TO THESE TERMS ON YOUR BEHALF PRIOR TO YOUR USE OF THE SITE. IN NO EVENT MAY YOU USE THIS SITE IF YOU ARE UNDER THE AGE OF 13.
We reserve the right, at any time, to modify, suspend, or discontinue the Site or Terms (in whole or in part) at our sole discretion without notice to you. We will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof. Any modification to the Terms will become effective when posted. ANY ACCESS OR USE OF THIS SITE OR CONTENT BY YOU AFTER THE POSTING OF THE REVISED TERMS WILL CONSTITUTE YOUR AGREEMENT TO SUCH REVISED TERMS. No modification to these Terms by you will be valid or enforceable against us unless expressly agreed to by us in a writing signed by a duly authorized officer of June E. Nylen Cancer Center.
These Terms will remain in full force and effect during your use of the Site. In the event of termination of these Terms with respect to you, you will no longer be authorized to access or use the Site or any Content.
In the event of a termination of these Terms or termination of your access to and use of the Site, Sections 3b, 4, and __ through __ of these Terms will survive and continue in full force and effect. Further, all rights granted by you will remain in full force and effect and we may, but are not obligated to, delete any of your personal data collected in the operation of the Site unless otherwise required by law.
a. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, non-commercial use. Unauthorized access to or use of the Site is a breach of these Terms and may be a violation of law.
b. Site Content. Unless specifically permitted in the Terms, no information, materials, or other content distributed through the Site (collectively “Content”) may be reproduced in any form without the prior written consent of June E. Nylen Cancer Center. The Site and the Content and all intellectual property found in the Site are the property of June E. Nylen Cancer Center, its licensees or licensors and that respective person or entity shall retain. the exclusive right, title and ownership in and to all copyrights, trademarks and other intellectual property and proprietary rights in the Site and all Content. The Site and the Content are protected by copyright laws and international treaty provisions.
THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” AND WITHOUT WARRANTY OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, AND FITNESS FOR A PARTICULAR PURPOSE (ALL OF SUCH IMPLIED WARRANTIES AND REPRESENTATIONS BEING HEREBY EXPRESSLY DISCLAIMED). YOU ASSUME THE ENTIRE RISK (i) AS TO YOUR ACCESS TO AND USE OF THE SITE, AND YOUR SELECTION AND USE OF ANY CONTENT; AND (ii) THAT THE SITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS, BE ACCURATE OR RELIABLE, AND HAVE ANY LEVEL OF QUALITY. WE MAKE NO WARRANTY OR REPRESENTATION THAT YOUR ACCESS TO AND USE OF THE SITE OR THE CONTENT WILL BE UNINTERRUPTED, VIRUS FREE, ERROR-FREE OR COMPLETELY SECURE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM HARDWARE OR SOFTWARE, OR FOR ANY LOSS OF DATA OR OTHER DAMAGES, RELATING TO YOUR USE OF THE SITE OR CONTENT.
Please note that some jurisdictions may not allow or may limit the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, the warranties and representations of June E. Nylen Cancer Center shall be limited to the greatest extent permitted by applicable law.
THE CONTENT OF THE SITE, INCLUDING WITHOUT LIMITATION, TEXT, COPY, AUDIO VIDEO, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS AND OTHER VISUALS, IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, TREATMENT OR RECOMMENDATIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTH CARE PROFESSIONALS WITH ANY QUESTIONS OR CONCERNS YOU MAY HAVE REGARDING YOUR INDIVIDUAL NEEDS AND ANY MEDICAL CONDITIONS, RELIANCE ON ANY INFORMATION APPEARING ON THE SITE, WHETHER PROVIDED BY COMPANY, ITS CONTENT PROVIDERS, ITS CLIENTS, VISITORS TO THE SITE OR OTHERS, IS SOLELY AT YOUR OWN RISK.
You agree that you will not post, or otherwise disseminate through the Site any content:
In addition to the foregoing, you agree not to:
You agree to notify us if you suspect any activity in violation of these Terms and cooperate with our investigation of such violation.
The Site may contain links to third-party websites (collectively, “Third-Party Links”). Such Third-Party Links are not under our control, and we are not responsible for any Third-Party Links. We provide access to these Third-Party Links only as a convenience to you, and do not review, approve, endorse, or make any representations with respect to Third-Party Links. Your interaction with all Third-Party Links is at your own risk. When you click on any of the Third-Party Links, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
If you use the site to log-in to our Patient Portal, you are solely responsible for maintaining the confidentiality of your password. Therefore, you must take steps to ensure that others do not gain access to your password.
We may be required by state or federal law to notify you of certain events. You acknowledge and consent that such notices will be effective upon the notice being posted on the Site or the notice being sent to you through email, if you have previously provided your email address to us. If you do not provide us with accurate and up-to-date information, we cannot be held liable if you do not receive notice.
Any dispute arising out of or in connection with these Terms, the Site, or the Content will be resolved by binding arbitration administered by the American Arbitration Association. The arbitration will be conducted in Woodbury County, Iowa, unless another location is mutually agreed upon. A demand for arbitration will be made in writing, delivered to the other party and filed with the person or entity administering the arbitration. The demand for arbitration must include all known claims in connection with these Terms, the Site, or the Content. The demand for arbitration cannot be made after the date when the claim would be barred by any applicable statute of limitations. The award rendered by the arbitrator(s) is final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction.
You will not use the Site in countries where it is restricted, prohibited or limited by local law, regulations, codes or customs. We make no warranty or representation that the Site or the Content is appropriate or available for use in locations outside the United States.
If you (a) are using the Site from a country embargoed by the United States, (b) are on the United States Treasury Department’s list of “Specially Designated Nationals,” or (c) are on the U.S. Commerce Department’s Table of Deny Orders, you agree that you will not conduct any commercial activities using or through the Site and will not otherwise use the Site or any related services in violation of United States export control laws or regulations.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, IDENTIFIED SITE SPONSORS, OR REPRESENTATIVES (COLLECTIVELY, THE “JUNE E. NYLEN CANCER CENTER PARTIES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR OTHER LOSS OR DAMAGE) ARISING OUT OF OR RELATED TO THESE TERMS, THE ACCESS OR USE OR INABILITY TO ACCESS OR USE THE SITE OR ITS CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES ARE FORESEEABLE, AND REGARDLESS OF THE NATURE OF THE CAUSE OF ACTION OR THEORY ASSERTED. ACCESS TO, AND USE OF, THE SITE AND CONTENT IS AT YOUR OWN RISK AND DISCRETION. IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE JUNE E. NYLEN CANCER CENTER PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS CONNECTED TO YOUR ACCESS TO OR USE OF THE SITE, THE CONTENT OR OTHERWISE, THE AGGREGATE LIABILITY OF THE JUNE E. NYLEN CANCER CENTER PARTIES SHALL IN NO EVENT EXCEED $5 USD. YOU AGREE TO MITIGATE ANY DAMAGES OR LOSSES.
Parts of the above limitation may not apply to you because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. Additionally, some jurisdictions do not allow general caps on aggregate liability. In such jurisdictions, our liability shall be limited to the greatest extent permitted by applicable law.
You agree to defend, indemnify and hold harmless June E. Nylen Cancer Center, licensees, vendors, partners, identified Site sponsors, and each of their respective members, managers, employees, agents and representatives from and against any and all claims, actions, losses, damages, liabilities, judgments, settlements, costs and expenses (including, but not limited to, reasonable attorneys’ fees and court costs) arising out of or relating to (a) your breach of these Terms or any applicable laws or regulations, (b) your access to or use of the Site or the Content, (c) your violation, breach or misappropriation of a third party’s copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other intellectual property, proprietary or other right, (d) your tortious acts including, without limitation, defamation, and/or (e) any claims you may raise against third parties relating to third party products or services. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. If we assume such defense, all other losses, damages, liabilities, judgments, settlements, costs and expenses shall be your sole responsibility.
These Terms constitute the entire agreement and understanding between us concerning the subject matter hereof and supersede all prior agreements and understandings of the parties with respect hereto.
Any disputes regarding these Terms shall be governed by the laws of the State of Iowa.
The section titles in these Terms are for convenience only and shall have no substantive effect.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed any manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
We shall not be liable for non-delivery or delay in delivery of any products or services available through this Site arising from any event beyond our reasonable control, whether or not foreseeable, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, government act or regulation, or other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.