These Terms and Conditions (“Terms and Conditions”), along with our Privacy and Security Statement, govern your access to and use of EpicOncology™ and all related, accessible web sites owned or operated by or on behalf of EPI (collectively, the “Site”). Please review these Terms and Conditions carefully and check back periodically to see if there have been any changes.
You acknowledge and agree that each time you proceed to access and use the Site, you agree to abide by these Terms and Conditions. Your act of proceeding to access and use the Site will constitute an “electronic signature” indicating your agreement to these Terms and Conditions for all access and use of the Site. See the Section below entitled “Electronic Signature and Consent to Electronic Records.”
If at any time you do not agree to these Terms and Conditions, please exit the web site and do not proceed to access and use the site.
EPI respects your privacy. Please review our Privacy and Security Statement. EPI reserves the right to monitor and investigate all use of the Site for violations of law and/or violations of these Terms and Conditions without notice to you.
You may access and use the Site only for the lawful commercial purposes intended by EPI in providing the Site. Any unauthorized access or use of any portion of the Site, its content, data, computers or networks, or interference with any operation of the Site, or interception of any communication from or to the Site, or any attempt to do one or more of these or other unauthorized or unlawful acts, is strictly prohibited.
The right to access and use the EpicOncology™ Database (the “Database”) at epic.time4epi.com is governed by a separate written database license agreement with EPI. To the extent these Terms and Conditions may conflict with the terms of access and use of the Database license, the Database license shall control all access and use of the Database.
You agree that all information provided by you to EPI will be accurate and truthful. You agree that you will notify and keep EPI up to date of any change to your personal account information and if applicable, any change that may affect your qualification to conduct business with EPI.
EPI reserves the right to limit, suspend and/or terminate access and use of the Site (in whole or in part) by any or all persons and entities at any time without notice and for no reason stated, as EPI may decide in its sole discretion. EPI reserves the right to add, modify, substitute, suspend, or discontinue its offerings at any time without notice and for no reason stated, as EPI may decide in its sole discretion.
USE AT YOUR OWN RISK – RELEASE AND INDEMNIFICATION FOR USE
All access and use of the site, its contents, products and services are at your own risk.
YOU AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS EPI, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND SPONSORS, AND THEIR SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CAUSES OF ACTION AND CONSEQUENCES, LIABILITY, LOSSES AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO PERSONAL INJURY TO YOU OR OTHERS) ARISING FROM OR RELATED TO THE APPLICATION OR USE (OR MISUSE) OF THE SITE OR ANY INFORMATION OR PRODUCTS OBTAINED BY YOU, DIRECTLY OR INDIRECTLY, FROM EPI, ITS AFFILIATES, REPRESENTATIVES, SPONSORS AND/OR SUPPLIERS.
Disclaimers of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN WRITING BY EPI, THE SITE, THE CONTENTS OF THE SITE AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. EPI EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH REGARD TO THE ACCESS AND USE OF THE SITE AND ALL PRODUCTS, SERVICES AND INFORMATION MADE AVAILABLE THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY AND COMPLETENESS OF ANY INFORMATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE AND NON-INFRINGEMENT. Some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Check your local laws.
Despite commercially reasonable efforts:
Neither EPI, its affiliates, nor their respective officers, directors, employees, shareholders, representatives, sponsors, vendors or any other party involved in providing the site, its content and epi products and services shall be liable for any damages or losses of any kind, including without limitation, direct, indirect, special, incidental, consequential, punitive or otherwise, arising out of or related to the access OR use of (OR INABILITY TO access or USE) the site or any product or service made available via the site BY EPI OR ITS BUSINESS AFFILIATES.
EPI assumes no liability and shall not be liable for any damages of any kind, including without limitation, loss of data, income or profit, loss of or damage to property, personal injury, loss of consortium, and claims of third parties. In the event a court of competent jurisdiction should find and allocate liability for any reason, in no event shall EPI’s total liability to you, or anyone claiming by or through you, for any damages, losses, claims and/or causes of action, regardless of legal theory, exceed one hundred dollars ($100).
Ownership, Site and Content. The Site and its contents belong exclusively to EPI, its sponsors, business affiliates and their respective licensors. The Site and its contents are protected by U.S. and International copyright laws. Any unauthorized copying, distributing, publishing, modification, alteration, display, sale, license or use of the contents of the Site, in whole or in part, is strictly prohibited. You may copy limited content from this site for non-public, non-commercial authorized business use only, provided that each copy includes any copyright, trademark or other proprietary notice as it appears without modification or alteration by you along with proper source attribution.
Trademarks. The trade names, trademarks, service marks, logos, slogans, characters and other designations of origin or affiliation (collectively “Trademarks”) displayed on the Site belong to EPI, its sponsors, business affiliates and their respective licensors or other owners. Nothing contained on the Site shall be construed as granting or conveying any interest, license or right to use or own any Trademark. Any unauthorized use/misuse of the Trademarks, in whole or in part, is strictly prohibited.
Submissions. Any communication, information or material (including but not limited to user suggestions, ideas, concepts, data, submissions to discussion areas (“Discussion / Ask EPI”) or similar community forums) that is submitted to EPI at the Site, by e-mail, by phone, by written correspondence or otherwise (each a “Submission”) is non-proprietary yet will remain confidential between your company and EPI. You hereby grant EPI an irrevocable right and license to dispose, reproduce and/or use any Submission without restriction other than the maintenance of confidentiality, for any purpose whatsoever, including but not limited to, developing, advertising, marketing and sale of products or services. Any Submission is without payment or compensation to you or any other party.
You agree that EPI shall have no duty or obligation to attribute authorship to you (or comply with other “rights of publicity” demands) and you hereby waive, agree not to enforce and release EPI and its successors and assigns from any and all claims arising from or related to any rights of publicity or other moral rights in the Submission. By making a Submission, you warrant that the Submission is not offensive, obscene or defamatory, and that EPI’s use of the Submission (as submitted) will not violate any third party’s rights. EPI is under no obligation to accept, respond to or use any Submission.
It is the sole responsibility of each user to ensure that he or she owns or has all rights, title and permissions necessary to upload, post, or publish a Submission to the Site or transmit a Submission via the Site. By uploading, storing, posting, or publishing a Submission to the Site, or transmitting a Submission via the Site, you represent and warrant that the Submission is not offensive, obscene or defamatory, and that EPI’s use of the Submission (as submitted) will not violate any third party’s rights. EPI is under no obligation to accept, respond to or use any Submission.
EPI does not guarantee the accuracy, integrity or quality of any Submission. EPI ASSUMES NO RESPONSIBILITY AND ASSUMES NO LIABILITY OF ANY KIND ARISING FROM OR RELATED TO THE USE, LOSS OR DAMAGE OF ANY SUBMISSION. EPI IS NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR WARRANTIES OF ANY SUBMISSION OR FOR YOUR INTERACTIONS WITH OTHER USERS FROM YOUR COMPANY OF THE SITE.
If you believe that any content or material on the Site infringes a copyright owned or controlled by you, please send written notice to our Designated Agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA):
As a matter of convenience to visitors, the Site may contain links to other third party web sites (i.e., sites not owned or controlled by EPI). No link to another web site shall imply any endorsement or sponsorship of the third party web site, its owner or operator, or any products or services. EPI is not responsible for the content of or any links contained on any other web site. Your access and use of any other web site is entirely at your own risk. Under no circumstances will EPI be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to be caused to you or a third party in connection with your use of, or reliance on, any content, goods or services available on any other web site.
EPI does not generally object to links to the home page of EpicOncology™ from third party sites. However, absent an express written agreement to the contrary, all third party links to the home page of this web site must be in accordance with the following terms and conditions. A third party link may only link to the home page of ‘EpicOncology’ using the plain text version of ‘epic oncology’ (“epic”, “epiconcology”, or related text), the EPI name (“Epiphany Partners Inc.”, “Epiphany”, or “EPI”) or the plain text version of the web site name (“epic.time4epi.com/EPIC” or “epic.time4epi.com”).
No content from the Site may be incorporated into the third-party web site by any means (e.g., by in-lining or framing); (b) No Trademark of EPI may be used as any “metatag,” “title tag,” or in any source code or used in any other way for identification and use by search engines or other information location tools to identify and select web sites or pages. EPI will not agree to or tolerate links from any obscene, scandalous, profane, defamatory or unlawful web sites, or any web site that may adversely affect the name, reputation and goodwill of EPI and its products and services, as EPI shall determine in its sole discretion. EPI reserves the right to cancel permission to link to the Site at any time, for any reason, in its sole discretion.
The Site is intended for international users. However, EPI makes no representation that products, services, promotions, materials, offers, information and other content on the Site are appropriate or available in all locations.
These Terms and Conditions will be governed and construed in accordance with the laws of the State of California in the United States without regard to conflict of laws principles. You agree that any action at law or in equity that arises out of or relates to these Terms and Conditions and/or the access and use of the Site or any product or service offerings in connection with the Site will be brought only in a court of competent jurisdiction located in Santa Clara County, California, United States.
These Terms and Conditions (and all such other specific terms and conditions as are expressly set forth on the Site) represent the entire understanding between you and EPI regarding the access and use of the Site and its content. Unless expressly agreed to in a signed writing by EPI, these Terms and Conditions shall prevail over any other conflicting or additional communication between you and EPI, or its representatives, affiliates, sponsors and vendors, excluding communications governed by the Database License Agreement.
Severability. Should a court of competent jurisdiction deem any provision of these Terms and Conditions void and/or unenforceable, the void and/or unenforceable provision shall be severed to the extent necessary and the remainder of the Terms and Conditions shall remain valid and enforceable to the maximum extent permitted by law.
Amendments. EPI reserves the right to revise the content and information of the Site, these Terms and Conditions, or any part thereof, without notice, by updating the Site and this posting, respectively.
Waiver. No term or condition may be waived by any party except in writing signed by the party to be bound.
Headings. The section and paragraph headings in this document are provided for convenience only and shall not be used in the interpretation or construction of any provision of these Terms and Conditions.
You agree that your electronic signature, these Terms and Conditions and any records relating to any and all transactions concerning you may be provided and maintained solely in electronic form and that each may not be denied legal effect, validity, or enforceability solely because each is in electronic form or solely because an electronic signature or electronic record was used in their formation.
If you do not consent to the use of electronic records, do not proceed to access and use the site for any transaction or other activity which may requires the completion or formation of an electronic record to confirm or carry out the transaction or activity.
Withdrawing Consent or Updating Electronic Records: If you wish to withdraw your consent to the use of electronic records or you wish to update your records, please contact EPI at firstname.lastname@example.org or by calling +1-650-440-9190. Withdrawing your consent to the use of electronic records will result in the termination of your right to conduct transactions or engage in activities on this site that require the completion or formation of an electronic record.
Computer System Requirements: You acknowledge that you have the opportunity and capability to print these Terms and Conditions at any time by accessing them online and printing them on a computer with the capability of accessing the Site and printing from the Site.
You acknowledge that you have the opportunity and capability to print and store electronic communications (“email”) and agree that you should print for your record keeping any email received that confirms a transaction, registration or other online activity related to the Site.
Printed Copy: To obtain a printed copy of an electronic record, please contact EPI at the above-identified contact address or phone number. EPI will accommodate all reasonable requests for a printed copy of electronic records. EPI reserves the right to charge a reasonable administrative fee to cover the associated costs of providing a printed copy.
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