INTRODUCTION
Welcome to the Thyroid Head and Neck Cancer (“THANC”) Foundation website. Please review these Terms and Conditions of use (the “Agreement”), which govern your use of the site.
By using the Sites you agree to follow and be bound by this Agreement. THANC reserves the right to change, update or modify this Agreement at any time without prior notice. As a result, you should review this Agreement every time you visit the Site, If you do not agree to the terms of this Agreement, you should not use the Site.
SECURITY
THANC will endeavor to protect patient data using reasonable security measures. While the security measures are expected to reasonably protect your information and your use of the Patient Dashboard, THANC does not warrant that your data will be completely secure. There are risks inherent in placing information on and accessing information from the Internet if you have any concerns regarding the security of your information or the use of the Internet to access your Health Information through the Patient Dashboard, you should consider not creating a Patient Dashboard account.
LINKS TO THIRD PARTY SITES
The Sites may contain links to other websites (“the Linked Sites”) that are not under the control of THANC. THANC is not responsible for the content, security, availability, accuracy or practices of the Linked Sites and expressly disclaims any responsibility for malware, worms, time bombs, bots, or any other harmful or deleterious programs or materials in said links or Linked Sites. The user assumes all risk and responsibility if he or she clicks on a link on the Website.
INTELLECTUAL PROPERTY
RIGHT, TITLE & INTEREST
You acknowledge that all right, title and interest in any and all technology, including the hardware and software provided by THANC in connection with the Services and any trademarks or service marks of THANC or third parties whose products or services are utilized in connection with THANC’s provision of the Services (other than information you provide) (collectively, the “THANC Intellectual Property”) is vested in THANC and/or in THANC’s licensors. Unless otherwise expressly stated in this Agreement, you shall have no right, title, claims or interest in or to the THANC Intellectual Property, and you may not use, copy, modify or translate the THANC Intellectual Property or related documentation, or decompile, disassemble or reverse engineer the THANC Intellectual Property, or grant any other person or entity the right to do so. Unless otherwise expressly stated in this Agreement, you are not authorized to distribute or to authorize others to distribute the THANC Intellectual Property in any manner without the prior written consent of THANC.
LICENSE TO USE YOUR HEALTH INFORMATION
You hereby provide an irrevocable, non-exclusive license to THANC of any intellectual property rights, whether copyrights, trademarks, trade dress, patents, trade secrets, rights of publicity or right of privacy, which you may have in any Electronic Medical Records, Health Information or other materials (the “Licensed Materials”) which you may provide to the System so as to allow THANC (a) to operate and maintain the System for its intended uses as specified in this Agreement, (b) to maintain and reproduce such Licensed Materials within the System, (c) to provide access to such Licensed Materials to Approved Users, and (d) to incorporate such Licensed Materials into derivative works, including, but not limited to, publications concerning clinical and medical research, statistical compilations and reports on or about the System.
DMCA COMPLIANCE
You acknowledge and agree that, pursuant to the Digital Millennium Copyright Act (“DMCA”), THANC may respond in accordance with the requirements of the DMCA to “take-down” notices from third parties which allege that the inclusion in the System of Electronic Medical Records or Personal Health Information which you provide violates their copyrights. In so doing, THANC may elect to remove (or require you to remove) such allegedly infringing Electronic Medical Records or Health Information from the system unless you object to the allegation of infringement, in which case THANC in its sole discretion may elect to maintain or restore the allegedly infringing information to the System pending the outcome of litigation which you may institute against the alleged copyright owner pursuant to the DMCA. You agree to cooperate fully with THANC to assure compliance with the DMCA upon receipt by THANC of any “take-down” notice issued by any third party, and in so doing, to promptly inform THANC whether you object to any such “take-down” notice and, if so, whether you will institute litigation to challenge the allegations of copyright infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
THANC respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide THANC’s copyright agent the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work or works that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
THANC’s Copyright Agent for notice of claims of copyright infringement on the THANC Sites can be reached as follows:
THANC Foundation, Inc.
10 Union Square East
Suite 5B
New York, NY 10003
ATTN: DMCA Copyright Agent
Fax: (914) 342-7577
Email notifications may be sent to dmcanotice@thancfoundation.org.
Please note that this procedure is exclusively for notifying THANC and its subsidiaries that your copyrighted material has been infringed.
DISCLAIMERS
THANC WILL ATTEMPT TO PROVIDE THE SERVICES WITHOUT INTERRUPTION, BUT ACCESS IS PROVIDED ON AN “AS IS AVAILABLE” BASIS. THANC DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS THE SERVICES AT ANY TIME OF YOUR CHOOSING. THANC CANNOT GUARANTEE THAT ITS SERVICES WILL BE ERROR-FREE OR COMPLETELY SECURE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, NEITHER HOSTING.COM NOR ANY OF ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, SUB-CONTRACTORS OR LICENSORS MAKE ANY WARRANTIES OF ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, COMPLETELY SECURE, ERROR-FREE, NON-INTERRUPTION, NON-INTERFERENCE OR NON-INFRINGEMENT. SHOULD YOU HAVE CAUSE TO BELIEVE THAT YOUR INFORMATION ON THE PATIENT DASHBORD IS NOT ACCURATE OR THAT THERE IS AN ERROR WITH THE PATIENT DASHBOARD, PLEASE CONTACT THANC OR YOUR PHYSICIAN’S OFFICE IMMEDIATELY. THANC RESERVES THE RIGHT TO TERMINATE YOUR ACCESS TO THE SERVICES AT ANY TIME WITHOUT CAUSE OR NOTICE.
YOU AGREE THAT THANC TAKES NO RESPONSIBILITY FOR AND DISCLAIMS ANY AND ALL LIABILITY ARISING FROM ANY INACCURACIES OR DEFECTS IN THE INFORMATION, SOFTWARE, COMMUNICATION LINES, INTERNET OR YOUR INTERNET SERVICE PROVIDER (“ISP”), COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS PATIENT DASHBOARD. ADDITIONALLY, YOU ARE RESPONSIBLE FOR COPYING OR PRINTING COPIES OF YOUR INFORMATION IF YOU WANT TO HAVE THE INFORMATION AVAILABLE IN THE EVENT THAT THE PATIENT DASHBOARD FOR LIFE IS UNAVAILABLE.
CARRIER LINES
YOU ACKNOWLEDGE THAT ACCESS TO THE SYSTEM WILL BE PROVIDED OVER VARIOUS FACILITIES AND COMMUNICATIONS LINES, AND INFORMATION WILL BE TRANSMITTED OVER LOCAL EXCHANGE AND INTERNET BACKBONE CARRIER LINES AND THROUGH ROUTERS, SWITCHES, AND OTHER DEVICES (COLLECTIVELY, “CARRIER LINES”) OWNED, MAINTAINED, AND SERVICED BY THIRD-PARTY CARRIERS, UTILITIES, AND INTERNET SERVICE PROVIDERS, ALL OF WHICH ARE BEYOND OUR CONTROL. WE ASSUME NO LIABILITY FOR OR RELATING TO THE INTEGRITY, PRIVACY, SECURITY, CONFIDENTIALITY, OR USE OF ANY INFORMATION WHILE IT IS TRANSMITTED ON THE CARRIER LINES, OR ANY DELAY, FAILURE, INTERRUPTION, INTERCEPTION, LOSS, TRANSMISSION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION ATTRIBUTABLE TO TRANSMISSION ON THE CARRIER LINES. USE OF THE CARRIER LINES IS SOLELY AT YOUR RISK AND IS SUBJECT TO ALL APPLICABLE LOCAL, STATE, NATIONAL, AND INTERNATIONAL LAWS.
NO WARRANTIES
ACCESS TO THE SYSTEM AND THE INFORMATION CONTAINED ON THE SYSTEM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON THE SYSTEM OR THE INFORMATION IN THE SYSTEM, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. IT IS EXPRESSLY AGREED THAT IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, OR CONSISTING OF, ARISING FROM OR RELATING TO LOSS OF INFORMATION OR DATA, WHETHER A CLAIM FOR ANY SUCH LIABILITY OR DAMAGES IS PREMISED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. WE DISCLAIM ANY AND ALL LIABILITY FOR ERRONEOUS TRANSMISSIONS AND LOSS OF SERVICE RESULTING FROM COMMUNICATION FAILURES BY TELECOMMUNICATION SERVICE PROVIDERS OR THE SYSTEM.
LIMITATION OF LIABILITY
EXCEPT AS EXPRESSLY REQUIRED OR WARRANTED UNDER THE AGREEMENT AND IF, AND TO THE EXTENT, PERMITTED BY LAW, THE PARTIES AGREE TO THE FOLLOWING LIMITATIONS ON LIABILITY:
- IN NO EVENT WILL THANC BE LIABLE FOR FAILING TO PROVIDE THE SERVICES UNLESS THE FAILURE RESULTS FROM THANC’s BREACH OF THIS AGREEMENT OR FROM THANC’S GROSS NEGLIGENCE, OR INTENTIONAL MISCONDUCT, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY.
- THANC SHALL NOT BE RESPONSIBLE FOR THE ALTERATION, DELETION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY OF YOUR DATA
INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS US AND OTHER USERS, AND OUR AND THEIR AFFILIATES, OFFICERS, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY CLAIM, COST OR LIABILITY, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF: (A) THE USE OF THE SYSTEM BY YOU; (B) ANY BREACH BY YOU OF ANY REPRESENTATIONS, WARRANTIES OR AGREEMENTS CONTAINED IN THIS AGREEMENT; (C) THE ACTIONS OF ANY PERSON GAINING ACCESS TO THE SYSTEM UNDER A USER ID ASSIGNED TO YOU; (D) THE ACTIONS OF ANYONE USING A USER ID, PASSWORD OR OTHER UNIQUE IDENTIFIER ASSIGNED TO YOU THAT ADVERSELY AFFECTS THE SYSTEM OR ANY INFORMATION ACCESSED THROUGH THE SYSTEM, INCLUDING BUT NOT LIMITED TO A SECURITY BREACH; AND (E) YOUR NEGLIGENT OR WILLFUL MISCONDUCT.
OTHER USERS
YOU ACKNOWLEDGE THAT OTHER USERS HAVE ACCESS TO THE SYSTEM AND ARE RECEIVING OUR SERVICES. SUCH OTHER USERS HAVE COMMITTED TO COMPLY WITH OUR POLICIES AND PROCEDURES CONCERNING USE OF THE SYSTEM; HOWEVER, THE ACTIONS OF SUCH OTHER USERS ARE BEYOND OUR CONTROL. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY FOR OR RELATING TO ANY IMPAIRMENT OF THE PRIVACY, SECURITY, CONFIDENTIALITY, INTEGRITY, AVAILABILITY, OR RESTRICTED USE OF ANY INFORMATION ON THE SYSTEM RESULTING FROM ANY USER’S ACTIONS OR FAILURES TO ACT.
UNAUTHORIZED ACCESS; LOST OR CORRUPT DATA
WE ARE NOT RESPONSIBLE FOR UNAUTHORIZED ACCESS TO YOUR DATA, FACILITIES, OR EQUIPMENT BY INDIVIDUALS OR ENTITIES USING THE SYSTEM OR FOR UNAUTHORIZED ACCESS TO, ALTERATION, THEFT, CORRUPTION, LOSS ,OR DESTRUCTION OF YOUR DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH THE SYSTEM, WHETHER BY ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER MEANS. YOU ARE SOLELY RESPONSIBLE FOR VALIDATING THE ACCURACY OF ALL OUTPUT. YOU HEREBY WAIVE ANY DAMAGES OCCASIONED BY LOST OR CORRUPT DATA, INCORRECT REPORTS, OR INCORRECT DATA FILES RESULTING FROM PROGRAMMING ERROR, OPERATOR ERROR, EQUIPMENT OR SOFTWARE MALFUNCTION, SECURITY VIOLATIONS, OR THE USE OF THIRD-PARTY SOFTWARE. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED THROUGH OUR PROVISION OF THE SERVICES.
MODIFICATION OF TERMS & CONDITIONS
THANC may modify these Terms and Conditions, other terms and materials referenced in this document, any THANC Services, or the content of the Patient Dashboard at any time. For this reason, you should review these terms and conditions every time that you log in.
NO REPUBLICATION
The services and the content of THANC are provided solely for your personal use. Republication, distribution, or use of the THANC Services or content that is inconsistent with the Terms and Conditions described herein is strictly prohibited.
GOVERNING LAW
These Terms and Conditions are governed by and will be interpreted in accordance with the laws of the State of New York.
A COPY OF THE OFFICIAL REGISTRATION (CH31343) AND FINANCIAL INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY CALLING TOLL-FREE WITHIN THE STATE. REGISTRATION DOES NOT IMPLY ENDORSEMENT, APPROVAL, OR RECOMMENDATION BY THE STATE. 1-800-HELP-FLA (435-7352) • www.FloridaConsumerHelp.com
