Please carefully review the following terms of conditions (“Terms and Conditions”) that govern your access and use of the website of Comprehensive Hematology Oncology (the “Company”) website www.comphemonc.com, (the “Website”), or other Company websites (each a “Site”) owned by Company, or any of its parent, subsidiaries, affiliates and related locations and entities (hereinafter Company is also referred to as “Comprehensive Hematology Oncology”, “we”, “us”, and “our”) and the associated services (use of Sites and services, collectively, “Use”) offered for Users in the United States of America. Additional or separate terms may apply to your use of or access to other Company Sites, services, or participation in any part of the Company’s business purposes for this Website. To the extent that the provisions of any additional terms conflict with these Terms and Conditions, the provisions of the additional terms as applicable to the particular Company Website, service, or program or promotion, will govern. NONE OF THE SITES IS DIRECTED TO PERSONS UNDER THE AGE OF 18. IF YOU ARE UNDER 18 YEARS OF AGE, THEN PLEASE DO NOT USE OR ACCESS ANY SITE OR APPLICATION AT ANY TIME OR IN ANY MANNER WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT.
In addition to the foregoing, some of the services may be subject to additional conditions either posted on the website or provided by links to third parties’ websites that are not owned or controlled by the company. the company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites. in addition, the company will not and cannot censor or edit the content of any third-party site. by using the website and any service made available for your use, you expressly acknowledge and agree that you access third party content or websites at your own risk, subject to third party terms and conditions; also, the company shall not be responsible for any damages, claims or other liability arising from, connected to, or related to your use of any third-party website.
If you do not accept and agree to all the terms and conditions of this website, you cannot download any required application and you cannot access and use the site and services provided. the services are only available through this website. it is an express condition for every user to agree to all the terms and conditions of the site, to the exclusion of all other terms and conditions, express or implied. the website is not an agreement for transacting the sale of goods or licensing.
- a) the “Website” and also referred to as “Site” means the Comprehensive Hematology Oncology website and its applications, as upgraded, enhanced or modified by the Company from time to time, and which may be downloaded from the Company Site or preloaded on your computer or mobile, handset device (as applicable).
- b) the “Content” means and includes any and all materials, information or data displayed, distributed, provided or performed on the Website or through any application connected thereto, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, interactive features and other materials.
- c) the “Services” are more fully described on the Website and/or in any application connected thereto and may include, but not be limited to online submissions of questions, comments, scheduling, text messaging, etc.
- d) “PHI” is Protected health information, the term given to health data created, received, stored, or transmitted by the Health Insurance Portability and Accountability Act (HIPAA) HIPAA-covered entities and their business associates in relation to the provision of healthcare, healthcare operations and payment for healthcare services. Protected health information is often shortened to PHI, or in the case of electronic health information (ePHI).
- LIMITED LICENSE. Subject to these Terms and Conditions, the Company grants you a limited, personal, revocable and non-exclusive license to access, use the Site and receive the Services as made available and permitted by the Company from time to time. The Services may be utilized by you through the processes provided on the Website, through installation and use of any applicable application, or through the use of a phone or other communication device only for your commercial use. This license granted is void where prohibited by law, and any violation of using the Website and Services may establish your license as void and, if necessary to give effect to the foregoing, revoked in such jurisdictions, provided that, notwithstanding the foregoing, all disclaimers and limitations in these Terms and Conditions in favor of the Company shall in all cases apply. You may not modify, publish, transmit, participate in the transfer, rental or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, the Website and Services in whole or in part. You may not utilize the Services in any way other than as expressly provided in the directions on the Website. You shall not retain or store any significant portion of any information in any form other than such portion as may be reasonably necessary for limited periods of time and within the purpose and scope to use the Services. Copying, retention or storing of anything for other than the commercial use as permitted in these Terms and Conditions is expressly prohibited without prior written permission from the Company, or from the copyright holder identified in any such notice from the Company.
- ACCESS AND USES. Company operates a hematology and oncology medical practice comprising of a group of experienced professionals in these fields of medicine. You hereby agree and acknowledge that in accessing the Company’s Website, you agree to use the Website and Services only for lawful purposes and to follow all applicable laws and regulations of the United States and any state in which you reside that are in effect and that may be in effect in the future when using the Website and Services. While using the Website and Services, you will not:
- Use any Service or the Website for the purpose of or in any manner that violates any local, state, federal or foreign law or regulation, third party rights, including intellectual property rights, or Company policies;
- Be libelous, defamatory, harmful, harassing, threatening, misleading, or discriminatory;
- Affect Company adversely or reflect negatively on the Website, Company, our goodwill, name or reputation or any third party;
- Take any action to circumvent, compromise or defeat any security measures implemented in the Website and Services including to gain unauthorized access to any Website and Services, accounts, names, and passwords, PHI, or other computers, websites or pages, connected or linked to the Website and Services in any manner which violates or is inconsistent with these Terms and Conditions; and
- Disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Website and Services, or the rights or use of the Website and Services by any other third party person or entity (“Person”), or collect, obtain, transmit, reproduce, delete, revise, display any material or information, whether personally identifiable or not, concerning any other Person, unless you have obtained the express, prior permission of such other Person.
- ELECTRONIC COMMUNICATION AND CONTACT INFORMATION. If requested or required by the Company, you agree to continuously maintain and regularly access a valid and active email address and account for the purposes of the Company notifying you of any changes, modifications, suspension or discontinuation of the Services. You agree that you will in all cases be responsible for reviewing and becoming familiar with any such modifications by the Company. Use of the Services by you following posting of any notice on the Website, or in the Services will also constitutes your acceptance of the Terms and Conditions of this Agreement as modified. You agree that any notice, agreement, disclosure or other communications that the Company sends to you electronically (if any) will satisfy any legal communication requirements, including that such communications be in writing. You agree to contract herein electronically. Furthermore, by voluntarily providing your email address, you are subject to receive email notifications and/or news from Company. It is Your obligation to select the option to decline receipt of emails, news or other emails from Company.
- SMS TEXT COMMUNICATION. You agree that the Site may send you text (SMS) messages to your cellular or related device as part of the normal business operation of your use of the Services. You will have had to previously provided Us with Your contact information on applications within Our offices and/or online through Your submission of Your questions, comments, or appointment scheduling through the Site’s online Service. You may opt-out of receiving text (SMS) messages from us at any time contacting us [email protected]. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services or receiving information in his medium. Should You agree to be able to communicate with us using office text messaging, You understand Your device may be on a non-secure platform directly linked to information contained in Your electronic health record. The number to be used for texting us will be provided upon enrollment if that option is applicable and available. User acknowledges that during office hours We may not be able to check text messages so if there is an urgent medical need that requires immediate attention, the User is required to call the office and not rely upon text messages being answered by Comprehensive Hematology Oncology. Further, by disclosing your phone number to Comprehensive Hematology Oncology, you give express consent that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Site and Services and that use of SMS is necessary to utilize the Services. You can cancel the SMS service at any time by replying “STOP” in the text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If at any time you forget what keywords are supported, just reply “HELP” to the text message you received. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on your use of the Services. If you have any questions about your text plan or data plan, please contact your wireless provider.
- YOUR REPRESENTATIONS AND WARRANTIES. By accessing the Website and utilizing the Services, you covenant, represent, warrant, and certify:
- You are an individual of full legal age and have full capacity in your jurisdiction of residence, location or domicile to form a binding and enforceable contract.
- You will not access the Website and Services representing yourself as a third party, and you take full personal responsibility and will be fully and personally liable for your selection and use of the Services and the Website;
- You are not a treating physician or other health care provider entering information on behalf of a patient or the patient’s representatives making any submission through the Website and Services;
- You understand and agree Company does not independently verify or review the information transmitted through the Services for accuracy and completeness of a medical opinion;
- If our Website ever contains any information related to various medical conditions, pharmaceuticals, or treatments, such information is provided for informational purposes only and is not meant to substitute the advice of a physician or other healthcare provider. You should not use this information for diagnosing or treating a health problem or disease. In order for you to make informed medical opinions or other healthcare decisions, this Website is not a source for such information. Company is not providing materials to you for the purpose of providing you medical direction or industry practices and you as the User and medical professional should not rely on the materials on the Website in deciding on the medical treatment course, drug selected or prescribed, drug usage prescribed, or any other medical advice.
- You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Website and Services, including, without limitation, hardware devices, software, and other Internet, wireless, broadband, phone or other mobile communication device connection services;
- You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Website and Services and you shall be responsible for all charges incurred in connection with use of the Website and Services;
- You are responsible for all of your activity in connection with the use of Services;
- Any fraudulent, vulgar, offensive, harassing, objectionable, abusive, tortuous, criminal or otherwise illegal activity will be grounds for immediate suspension or termination by the Company and/or access to the Services, without notice or liability of any kind to you;
- Without limitation, you will not post or transmit, or cause to be posted or transmitted, any Trojan Horse, malicious code, virus, malware, or whether any, message, communication or solicitation or other “phishing”, “pharming” or “whaling” message designed or intended to cause harm to the Website and Services, disrupt the operation of the Website and Services, or to obtain passwords and account information (as applicable), personal information, confidential information or private information from any User of the Services or any other third party whatsoever;
- The use of the Website and Services is not a substitute for a health care provider’s standard practice or professional judgment. Any decision with regard to the appropriateness of treatment, or the validity or reliability of information, is solely your responsibility;
- You acknowledge and agree that the Company has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you;
- The Company does not promote, recommend or condone use of the Services in any way that would cause or where there is risk of accident, personal injury, illness, damage to health, or death. You agree not to use the Services to condone or advance such activities, and warrant, represent and certify that you will not do so; and
- You have engaged in and complied with all HIPAA requirements and obligations in order to protect your PHI.
- VIRUSES, HACKING, AND OTHER OFFENSES. You must not misuse the Site and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Site and Services, the server on which the Site and Services are stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. The Company will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately. The Company will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
- NON-U.S. USERS. The Website and Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
- INDEMNIFICATION OF COMPANY. You shall indemnify, defend and forever hold the company, and the company’s licensors, suppliers, contractors, affiliates, members, managers, officers, directors, employees, attorneys and agents, parent company, subsidiaries, affiliates, and joint ventures (collectively the “company indemnitees”) harmless from and against any and all claims, demands, proceedings, costs, damages, losses, liabilities, suits and expenses (including lawyers’ fees and costs) of any nature arising out of or in connection with your use of or access to the website, services, or to the content, or any error or mistake associated with any details related to any information you submit to the website, any third party claims arising out of or related to any of the foregoing, or any breach of these terms and conditions by you. the foregoing shall survive any termination or expiration of your use of the services, howsoever caused.
- FRAUD PROTECTION. You must protect your User Account you establish with Company and the Website. You must protect your account from unauthorized and fraudulent use, and safeguard your personal information, pass codes, usernames, and the like. You must immediately notify Company of any fraudulent use of your account by emailing [email protected]. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill any requests for services or otherwise submitted into the Site; or (vi) protect the rights, property or safety of us, our users, and the public.
- INTELLECTUAL PROPERTY RIGHTS. The Services, all Content and materials on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, user interfaces and software is the property of Company, and are protected by copyright, trademark, and other intellectual property rights under the laws of the United States of America, Canada and other countries, and international conventions and treaties (as applicable). All trademarks, trade dress, service marks, logos, trade names and other source-identifying designations, including combinations thereof, are proprietary to Company. Except as expressly permitted herein, you shall abide by all copyright notices and trademark information, and all other restrictions contained in the Services. Without limitation, the Services are protected by copyright as a work, collective work and/or compilation, pursuant to U.S. copyright laws, Canadian copyright laws, moral rights laws, international conventions, and other intellectual property laws. You have no right, title or interest in any Content or materials transferred to you as a result of any such copying. You may not reproduce, republish, upload, post, transmit, modify, create derivative works from, decompile, disassemble, reverse engineer or otherwise attempt to derive any software or portion of the Website and Services, sell or distribute in any way the Content and materials on the Website and Services. If you believe that any of the Website and Services contain elements that infringe your copyrights, please provide Company’s Chief Executive Officer with the following information in writing:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed 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 reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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;
- DISCLAIMER OF WARRANTIES AND CONDITIONS. the webaite and services are provided strictly on an “as is”, “where is” and “as available” basis. the company does not make, and you do not receive any representation, warranty, condition or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the services. you acknowledge and agree that the company does not represent or warrant, whether express or implied, or give any condition that: (i) the services will be secure, timely, uninterrupted or error-free or operate in combination with any hardware, software, device, phone, computer, system or data, (ii) the services will meet your requirements or expectations, (iii) the services will be accurate or reliable, (iv) errors or defects will be corrected, or, (v) the services or the computers and systems that make the services available are free of viruses, worms, trojan horses, malicious code, spyware, malware or other harmful components of any kind. all conditions, representations and warranties, whether express, implied, statutory, arising from a course of custom or trade, or otherwise, including, without limitation, any implied warranty or condition of merchantability, any implied warranty or condition of fitness for a particular purpose, any implied warranty or condition of compliance with any description, or any implied warranty or condition of non-infringement, violation and/or non-misappropriation of third party rights, are hereby disclaimed by the company to the maximum extent permitted by applicable law. company makes no warranties to those defined as “consumers” in the magnuson-moss warranty-federal trade commission improvements act. any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or mobile device, or loss of content, that results from the download of any such material. company is not responsible for typographical errors or omissions. no advice or information, whether oral or written, obtained by you from company or through or from the website shall create any warranty not expressly stated in the terms and conditions. the foregoing shall survive any termination or expiry of the website, these terms and conditions, and the services, howsoever caused.
- LIMITATION OF LIABILITY. neither the company, or its licensors, suppliers, contractors, affiliates, members, managers, officers, directors, employees, attorneys and agents, parent company, subsidiaries, affiliates, and joint ventures, or any other party involved in creating, producing, or delivering the services shall be liable to you or anyone claiming through you for any loss of business, patients, customers, profits or revenue, damage to property or person, loss or inaccuracy of data or detrimental reliance thereon, failure to realize expected results, revenues or savings, economic loss of any kind, or incidental, consequential, special, punitive, exemplary or indirect damages, resulting from your or any third party’s access to, reliance on, or use of, or inability to access or use the services, whether based on or in warranty, contract, tort (including negligence), product liability, or any other legal or equitable theory. the foregoing shall apply whether or not the company knows of the possibility of such damage or has been advised of such possibility, or such possibility is reasonably foreseeable. the company shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions in the services generally or specifically, and any content or services contained therein or supplied subsequently by agreement between you and the company. you agree that, in all cases, you shall not be entitled under local law or otherwise to receive any payment from company, its officers, employees, agents and licensors, whether for actual, direct, indirect, special or consequential damages, costs or expenses, and any claim by you for damages against the company arising from any access to, use of or reliance on the services, or otherwise arising under this agreement or otherwise, shall be limited to your provable direct damages in the maximum aggregate sum of one hundred dollars ($100.00) in lawful currency of the united states of america. the foregoing shall survive any termination or expiry of this agreement, howsoever caused.
- LINKS. The Services may include links to third party products, services, resources or websites. The Company has no control over such third parties. Any and all such links are provided to you as a convenience only, without any warranty, condition, guarantee or representation by the Company whatsoever. You use or access any such links solely at your own risk and assume responsibility for their use at your own direction and any consequences associated with said links belong to You.
- GOVERNING LAW. This Agreement shall in all cases be deemed an Agreement made in the State of Florida, in the United States of America, regardless of your place of residence, domicile or physical location, where the Application was used, accessed or downloaded; and where the Services were received from or provided to you. All questions concerning the validity, construction and operation of this Agreement and the performance of the obligations of the Parties hereunder shall be governed by the laws of the State of Florida and the laws of Florida applicable in Florida. You irrevocably submit to the non-exclusive jurisdiction of the State Courts of Florida, Federal Courts in Hillsborough County in the State of Florida that possess competent jurisdiction, or its successor, without regard to its conflicts of laws principles, rules, and You promise and undertake to bring no action or proceedings in any other court whatsoever. You agree that you will not commence any action as a class action, or seek to have any action to which you are a party certified as a class action, or join in any class action as a party. You agree that any Judgment or Order of a court of competent jurisdiction shall be fully registrable and enforceable against you in your jurisdiction of residence, location or domicile. Notwithstanding the foregoing, in the event of breach of this Agreement by you requiring the Company to seek injunctive or other equitable relief, the Company shall be entitled to seek such injunctive relief in any court of competent jurisdiction without the necessity or requirement of posting bond or undertaking as to damages or showing that money damages are not an adequate remedy. In the event that your place of residence, domicile, physical location or jurisdiction does not recognize or permit enforcement of the foregoing, you may not use the Services.
- DISPUTES. If you have a dispute with any of your patients or customers regarding the use of the Services available through this Website, you release Company (and Company’s officers, directors, agents, contractors, parent company, affiliates, subsidiaries, owners, and employees) from any and all claims, demands, and damages (including but not limited to direct, indirect, punitive, exemplary, and consequential damages) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Please contact Company at the information provided below regarding any claim or controversy arising out of or relating to these Terms and Conditions, or any breach thereof, and we will attempt in good faith to resolve the claim, or we can agree to engage in arbitration. Any claim, dispute or controversy that cannot be resolved through informal discussions by each party’s authorized representative within thirty (30) days, will be settled by arbitration as set forth below.
- Arbitration. Except for claims or controversies for which Company may pursue injunctive relief, any claim, dispute, or controversy arising out of or relating to the Website and Services, these Terms and Conditions, or the breach, termination, enforcement, interpretation or validity of these Terms and Conditions, will be resolved exclusively by binding arbitration administered by the American Arbitration Association (“AAA”) before a single arbitrator. The AAA Rules are available online at adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by AAA’s applicable rules. The arbitrator’s decision shall be controlled by these Terms and Conditions and any of the other agreements referenced herein. Unless you and Company agree otherwise, any arbitration hearings will take place in Hillsborough County, Tampa, Florida. If the claim or controversy is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator(s), through a telephonic hearing or by an in-person hearing as established by the AAA Rules. If the claim or controversy exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the award of the arbitrator(s) shall be accompanied by a statement of the reasons upon which the award is based.
- Limitation on Time to File. IF YOU DO NOT FILE A DEMAND TO ARBITRATE A DISPUTE WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
- Applicable Law. Although the Website and Services are accessible over the internet and therefore accessible worldwide, the Website and Services and their content are intended for residents of the United States only. If you choose to access any of the Website and Services from locations outside the United States, which may include but is not limited to a country in the European Union, etc., such conduct may subject you to statutes of different countries, but such use is at your own risk and you will also be subject to the laws of the United States of America, which may differ from privacy laws in another country, your state, or home country, and you are responsible for compliance with any local laws. Nothing in the Website and Services should be interpreted as a promotion or solicitation for any product of any nature that is not authorized by the laws and regulations of the country where you are located. You agree that the laws of the State of Florida, without giving effect to any principles of conflicts of law, govern these Terms and Conditions and any dispute of any sort that may arise between you and us or any of our Subsidiaries and/or Affiliates. Company and you acknowledge that these Terms and Conditions evidence a transaction involving interstate commerce.
- Conflict. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the code of procedure established by the AAA, the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
- Injunctive Relief. Notwithstanding anything to the contrary, Company retains the right to seek injunctive relief if you use a Website and/or Services in violation of the access rights, or the restrictions on use, infringe upon or misappropriate Company’s intellectual property rights, or breach your obligation to maintain confidentiality of Company’s confidential or proprietary information made available to you through a Site or App.
- LEGAL EQUIVALENCY. These Terms and Conditions and any other electronic documents, policies and guidelines incorporated herein shall be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable against any party hereto as a signed writing; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Any electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding shall, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
These Terms and Conditions were last updated on June 14, 2022.