Welcome to the Community Oncology Alliance digital platforms, operated by the Community Oncology Alliance, a Tennessee 501(c)(6) non-profit organization (“COA”), and accessible at www.CommunityOncology.org, www.COApharmacy.com, www.COAAdvocacy.org, www.COAnalyzer.net, www.COAConference.org,
www.MedicalHomeOncology.org, www.NCTACancer.com, www.CPNCancer.com, or our mobile conference application, (collectively, the “Platforms”). The following terms and conditions (“Terms”) govern your use of the Platforms.
By accessing, viewing, or using the content, material, or services available on or through the Platforms, you represent that you are at least 13 years of age (and, if under the applicable age of consent, that you have the permission of your guardian to access the Platforms), that you have read and understand these Terms, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, you are not granted permission to use the Platforms and must exit immediately.
- 1. Informational Purposes Only. The Platforms and Platform Materials (defined below) are for informational purposes only. Without limiting anything else in these Terms or otherwise, COA is not responsible for any errors or omissions in the Platforms or Platform Materials. The Platforms are not intended to be a substitute for professional medical or other advice, and COA does not represent or warrant that the Platforms or Platform Materials provides any such advice or assurances.
- 3. Unauthorized Activities. You agree that you will not use the Platforms for: (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Platform Materials, unless otherwise authorized by these Terms or in a separate written agreement with COA; (c) attempting to gain unauthorized access to COA’s computer systems or engaging in any activity that interferes with the performance of, or impairs the functionality of the Platforms or any services provided through the Platforms; (d) any resale or commercial use of the Platforms; (e) any downloading or copying of the Platform Materials for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) using the Platforms to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Platforms aimed at preventing or restricting the unauthorized use of the Platforms or any of the Platform Materials. You may use the Platforms and the Platform Materials only as consistent with these Terms. Any other use of the Platforms or Platform Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of COA is strictly prohibited. You acknowledge and agree that the unauthorized use of the Platforms or the Platform Materials could cause irreparable harm to COA and that, in the event of such unauthorized use, COA shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- 5. Materials Submitted to the Platforms. Please be aware that whenever you post information to the Platforms (e.g., on a forum), that information may be accessible for other users. You should therefore choose carefully the information you post and that you provide to other users. The Platforms may allow you to contribute content, information, text, files, graphics, personal listings, messages, postings, and other materials and information for access, use, and commentary by other visitors to the Platforms (“User Content”). Upon your submission of User Content or other material or information to COA, you grant COA a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense, and to permit others to access, use, distribute, perform, reproduce, display, modify and create derivative works based upon the User Content, all without any compensation to you whatsoever. If you believe that any content or postings on the Platforms violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms.
- 6. Third Party Websites and Content. The Platforms may contain links to other websites for the convenience of users in locating and utilizing information or services that may be of interest. The Platforms may also incorporate articles, features and services provided by third parties. Use of these third party sites, articles, features and services, the Platforms and the Platform Materials, and any other material or content on and made available through the Platforms is entirely at your own risk. COA does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party websites or the transactions you conduct or enter into with third parties. Your use of any third party websites is at your own risk, and subject to the terms and conditions of such other websites. COA does not endorse any product, service, or treatment provided on a third party website or advertised or provided on the Platforms.
- 7. Disclaimer. Without limiting anything else in these Terms or otherwise, COA is not responsible for any errors or omissions in the Platforms or Platform Materials. COA and its affiliates are not responsible for and do not guarantee the accuracy or completeness of any Platform Materials, articles, products, data, services, links, advertisements or other items contained within the Platforms. COA reserves the right to immediately remove any Platform Materials for any reason, or for no reason. COA cannot and does not review all communications, products, or services made available on or through the Platforms, but, although not obligated to, may review, verify, make changes to or remove any Platform Materials, the Platforms or the products or services made available in connection with the Platforms, including information submitted in connection with the Platform Materials or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Platform Materials and that you may not rely on such Platform Materials.THE PLATFORMS, THE PLATFORM MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMS ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE PLATFORMS IS ENTIRELY AT YOUR OWN RISK. COA AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE PLATFORMS, THE PLATFORM MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL OF THE PLATFORMS, THE PLATFORM MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMS, IS WITH YOU.
- 8. LIMITATION OF LIABILITY. COA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE PLATFORMS, THE PLATFORM MATERIALS, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR COA HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF COA AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE PLATFORMS, THE PLATFORM MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE PLATFORMS, OR THE SERVICES, PRODUCTS, INFORMATION OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF COA AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Platforms or with any of these Terms, or feel COA has breached these Terms, your sole and exclusive remedy is to discontinue using the Platforms.
- 9. Indemnification. You shall indemnify COA and its directors, officers, employees, agents, contractors, customers, clients and licensors (“COA Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Platforms and your use of the Platforms, the Platform Materials or any services, product or data obtained through the Platforms, your fraud, violation of law, negligence, willful misconduct, or any other use of the Platforms, the Platform Materials, the services, products, information and other materials on, in and made available through the Platforms, except to the extent attributable to COA, or any breach by you of these Terms and shall indemnify and hold COA Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of COA. COA or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If COA or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to COA, subject to the right of COA to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- 10. Internet Security. COA uses reasonable efforts to ensure that the Platforms is generally available. However, there will be occasions when access to the Platforms will be interrupted or unavailable. COA will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that COA shall not be liable to you for any modification, suspension or discontinuance of the Platforms. You understand that the technical processing and transmission of any of the Platforms content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that COA does not guarantee that any information sent from our Platforms will be secure during transmission, nor can COA guarantee the confidentiality of any communication or material transmitted to COA via the Platforms or the Internet, including, for example, personal information such as your name or address.
- 11. Complaint Procedure If you believe that any content or postings on the Platforms violates your intellectual property or other rights, please notify COA by email at [email protected] with the subject line “Website Terms and Conditions” and a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- 12. Changes to these Terms; Termination. COA reserves the right at any time to modify, alter or update these Terms. Your use of the Platforms following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Platforms before the change was made. It is the obligation of users visiting the Platforms before the change to learn of changes to the Terms since their last visit. COA may suspend or terminate your account and/or your ability to use the Platforms, or any services on the Platforms, for failure to comply with these Terms, for providing COA with untrue or inaccurate information about yourself, for infringement upon COA proprietary rights, or for any other reason whatsoever or for no reason.
- 13. Governing Law and Jurisdiction. These Terms represent the entire agreement between you and COA with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its conflict of law rules. You hereby consent and agree to the exclusive jurisdiction of the state and federal courts located in the Commonwealth of Virginia and you hereby irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
- 14. Miscellaneous. The Platforms is controlled and operated from within the United States. Without limiting anything else, COA makes no representation that the Platforms, Platform Materials, services, products, information or other materials available on, in, or through the Platforms is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Platforms from other locations do so on their own volition and are fully responsible for compliance with applicable laws. The waiver or failure of COA to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Dated: September 1, 2019
Copyright © 2019 The Community Oncology Alliance (COA); All rights reserved.