Terms and Conditions
Terms and Conditions of Use Last updated March 3, 2022
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY AND ENTIRELY BEFORE USING THIS WEBSITE.
Welcome to this website owned by Care Oncology, Inc. These Terms and Conditions (“Terms”) describe your rights and responsibilities with regard to the website (the “Site”) operated by Care Oncology, Inc. and services provided by Care Oncology, Inc. In these Terms, “we”, “our”, “us”, and “Care Oncology” collectively refer to Care Oncology. The terms “you” and “yours” refer to the person using the Site, and the Services offered through the Site. These Terms are a legally binding agreement between you and Care Oncology. Please read and review these Terms carefully before using the Site or Services.
Your access to and use of the information contained on this Website is subject to the terms and conditions described herein. Please read and review these Terms and Conditions of Use carefully and entirely before accessing or using this Website. By accessing or using this Website, you acknowledge that you have read, understood and agree to these Terms and Conditions of Use. If you do not agree to these Terms and Conditions of Use, you may not access or use this Website. This Website is offered and available to individuals who are 18 years of age or older. By using this Website, you represent that you are at least 18 years old and are able to form a binding contract with us. If you do not meet these requirements, you may not access or use this Website.
Care Oncology may revise these Terms and Conditions of Use at any time; the updated Terms and Conditions of Use will be posted to this Website. Any revisions are effective immediately upon posting; the date the Terms and Conditions of Use was last revised is identified at the top of the page. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current terms, because they are binding on you.
Due to differences in state law, all or part of the Services may not be available in all states.
1. This Website Does Not Provide Medical Advice, Diagnosis or Treatment
This Website may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes and for your general interest only. Such information is not intended to be a substitute for medical advice, diagnosis or treatment provided by a doctor or other qualified healthcare professional. You should not use the information presented on or through this Website for diagnosing or treating a health condition, problem or disease. Please consult with your
doctor or healthcare professional to see if any information discussed at this Website is appropriate for you.
This website also provides a platform that enables users to connect with physicians and other healthcare providers (the “Services”). While our website may enable registered users to communicate with healthcare providers, the content on our Site is not intended to provide medical advice, diagnosis or treatment. Services may include: (a) the development and gathering of health care records and information with retention of the same for use in medical provider encounters and communications; (b) administrative support in connection with scheduling and payment for Health Care Services; (c) administrative support in connection with fulfilment and payment for any laboratory testing and/or prescription medications ordered or prescribed by medical providers performing Health Care Services; (d) administrative support in connection with fulfillment, payment and delivery of dietary supplements; and (d) telecommunications and technology support for using the platform as a means of direct access to medical providers provided by affiliated professional entities for communication, consultations, assessments, and treatment by such medical providers.
Some of the laboratory tests offered as part of our Services may not be approved, cleared or authorized by the U.S. Food and Drug Administration. Tests that are not FDA approved are laboratory developed tests regulated under the Clinical Laboratory Improvement Amendments (“CLIA”).
The Platform is structured for use specific to certain health care services and is not, and should not, be considered, or used as comprehensive medical advice, care, diagnosis or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding general personal health, medical conditions, or drugs or medications, and before commencing or discontinuing any course of treatment, drug or medication.
2. Rules and Use
If, and only if, you agree to, and are in full compliance with, these Terms and Conditions of Use, Care Oncology authorizes you to view and access a single copy of the publicly available pages on the Website solely for your personal use. Without limiting the foregoing, in no event may any user directly or indirectly: (a) Republish, post, upload, frame, retransmit, redistribute, modify, remove any intellectual property or similar notices or otherwise reproduce the Website or any Content in any format to anyone in any way (other than the download to your personal computer that is inherent in viewing a web page); (b) Access, attempt to access, or obtain any information regarding other users (including, without limitation, any other users’ tests ordered or test results or any other personally
identifiable information related to another user); (c) Allow anyone else to use or access your name, account or password, if any; (d) Use any robot, spider or other data mining or other automatic device, program, or similar process or means to access, acquire, copy or monitor the Website, another user, the Content or any portion thereof, or in any way circumvent the navigational structure or presentation of the Website or any Content; (e) Breach or attempt to breach the security or authentication measures on the Website or any network or database connected to the Website; (f) Collect any information related to any Website users or other Content from the Website for the benefit of any other entity or person or share this information with any other person or entity; (g) Decompile, reverse engineer, disassemble or otherwise reduce any software code for the Website to a human-readable form; (h) Make any automated high-volume or other use of the Website for re-mailing, spamming or other purposes; (i) Use the Website or the Content in violation of any applicable law, rule or regulation; (J) Use the Website for any purpose other than to obtain information or utilize the intended test ordering services offered through the Website; (k) Submit any data, content or other material that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website, the Content or any connected network or database, or otherwise interferes with any person or entity’s use or enjoyment of the Website; (l) Submit any data (including, without limitation credit card and other payment data), content or other material in violation of any applicable law or regulation, that violates or infringes upon the patent, trademark, copyright, trade secret, privacy, publicity or other rights of any third party; (m) Submit any data (including, without limitation credit card and other payment data), content or other material that is false, misleading, deceptive, defamatory, obscene, indecent, threatening, abusive, offensive, harassing, or hateful; or (n) Pretend to be another person or entity or misrepresent your identity, sponsorship, or affiliation with any such third party, including using a third party’s username, password, personally identifiable or other account information. You must maintain the confidentiality of your account and other information and to promptly notify us if you become aware of any third party use of your account or other information relating to the Website or the Content. You are responsible for all acts, omissions, statements and other uses of your account and other information on the Website. We cannot and do not assure that other users are complying, or will continue to comply, with the provisions of these Terms and Conditions of Use, and, as between you and Care Oncology, you assume all risk of harm or injury resulting from any such lack of compliance.
3. Disclaimers of Liability and Warranties
The information presented on or through this Website is made available solely for general information purposes. Care Oncology will use reasonable efforts to include accurate and up-to-date information on this Website, but CARE ONCOLOGY MAKES NO WARRANTIES OR REPRESENTATION OF ANY KIND REGARDING THE USE OF THIS WEBSITE OR AS TO ITS ACCURACY, CURRENCY, RELIABILITY OR COMPLETENESS. Any reliance you place on the information presented on or through the Website is strictly at your own risk. Care Oncology reserves the right to make changes or improvements to this Website at any time. YOUR ACCESS TO AND USE OF THIS WEBSITE AND THE CONTENT HEREOF IS AT YOUR OWN RISK. THIS WEBSITE AND ALL THE MATERIALS, INFORMATION AND SERVICES IN THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS (COLLECTIVELY, THE “CONTENT”), ARE PROVIDED “AS-IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CARE ONCOLOGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CARE ONCOLOGY, OR ANY PARTY INVOLVED IN CREATING, PRODUCTING OR DELIVERING THIS WEBSITE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF CARE ONCOLOGY OR AN CARE ONCOLOGY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS INCLUDE DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. YOU (AND NOT CARE ONCOLOGY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
4. Privacy Statement and Policy
5. Telehealth Consent
Telehealth involves the delivery of health and wellness services using electronic communications, information technology, or other means between a licensed, certified, or registered healthcare professional at one location and a patient in another location. You agree to review the full “Telehealth Informed Consent” which informs you about the treatment methods, risks, and limitations of utilizing telehealth to meet your health and wellness needs. In order to receive Health Care Services, you will be required to agree to the Telehealth Informed Consent regarding the use of telehealth.
The telemedicine services made available through Care Oncology are provided by licensed physicians practicing within a group of independently owned professional practices collectively known as “Care Oncology Physician Professionals”. These professional practices provide services via the Care Oncology telehealth platform. Stage Zero Life Sciences, Ltd. and its affiliates and/or wholly owned subsidiaries including but not limited to Care Oncology, Inc. does not itself provide any physician or other healthcare provider services.
6. Fees, Payment, Refunds and Replacements
All fees are as quoted on the Site. We may revise our fees from time to time at our discretion. You agree to be responsible for the payment of all fees when due. Fees will be paid at the time of purchase. If we determine that you have used the Site or the Services in a way inconsistent with these Terms, we reserve the right to suspend your Account and not provide a refund. Care Oncology implements several safeguards to avoid technical errors, however, on rare occasions the Lab may be unable to process your sample either because of an issue with the sample or due to an issue at the Lab. If this occurs, at our sole discretion, either (a) the Lab will attempt to process your leftover sample, (if a sufficient amount is available and the sample is appropriate for reprocessing) or (b) we will send you a replacement requisition so that you may submit another sample for the Lab to process. In either scenario, there will be no additional charge to you.
7. Submission of Ideas
Care Oncology appreciates hearing from users and welcomes your comments regarding this Website and/or Care Oncology’ products or services. However, it is Care Oncology’ policy not to accept unsolicited ideas about new products, advertising or marketing concepts or improvements. Care Oncology employs a staff and consultants that may be working on ideas that are the same or similar to yours. Care Oncology’ policy is to avoid confusion about our ownership of new concepts. If you send us a message about a proposed idea, your message will be treated as non-proprietary and non-confidential and
becomes property of Care Oncology. Care Oncology shall be free to use the content of any such communication, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose whatsoever, including developing, manufacturing and/or marketing goods or services, at our sole discretion, without compensation to you. You agree that you will not upload or transmit to this Website any communications or content that infringe or violate any rights of any party. In addition, you agree that you will not send or transmit to Care Oncology by email (including through the “Contact Us” link) any communication or content that infringes or violates any rights of any party.
You may not submit content that you do not have permission to use; infringes the copyright, trademark, patent right, or other proprietary right of any person; is pornographic, sexually explicit, or obscene; exploits children or minors; violates the rights of privacy or publicity of any person; is harassing, libelous, slanderous, or defamatory; contains any personally identifying information about any person without their consent or about any person who is a minor; may be deemed generally offensive, including expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism; includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose; does not pertain directly to the Site, the App, or the Services; is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice; is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person; violates any local, state, federal, and/or international laws or regulations; promotes or provides instructional information about illegal or illicit activities; contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or, is intended to overwhelm, cause technical disruptions of or denial of service to the Site.
8. Links to Other Websites
This Website may provide links or references to websites maintained by third parties over whom Care Oncology has no control. Such links or references are provided as a convenience to the users of this Website. Similarly, this Website may be accessed from third party links over which Care Oncology has no control. Care Oncology has no responsibility for and makes no representations or warranties of any kind for the content of other websites linked to this Website, or for any products or services mentioned or offered on such websites. Care Oncology shall not be liable for any damages or injury arising from that content. You access such other websites solely at your own risk. Inclusion of any third party link does not constitute an endorsement or recommendation by Care
9. Applicable Law
This Website and the Content are intended to comply with the laws and regulations in the United States of America, and the information pertaining to Care Oncology’ products and services is intended for use only by residents of the United States of America. Care Oncology makes no representation or warranty that the Content is appropriate or available for use in other countries, and access to it from countries where its content is illegal is prohibited. Those who choose to access this Website from other countries do so on their own initiative and are solely responsible for compliance with applicable local laws. Any offer for any product or service made on this Website is void where prohibited. You may not use or export the Content in violation of U.S. export laws and regulations.
10. Governing Law
These Terms and Conditions of Use and your use of the Website or the Content shall be governed by the laws of the State of Virginia, without regard to its conflict of laws provisions. Any legal action or proceeding relating to this Website shall be brought exclusively in a federal or state court of competent jurisdiction in Richmond, Virginia.
11. Copyright and Use of this Website
All Content(including, without limitation, Website design, text, graphics, icons and the selection and arrangement thereof) of this Website is the property of Care Oncology, or used under license by Care Oncology, and is subject to copyright protection. Care Oncology does not waive any of its proprietary rights to such content. Care Oncology authorizes you to display and electronically copy, download and print hard copy, for noncommercial use only, documents or pages published by Care Oncology on this Website, provided that any copy of these documents or pages which you make shall retain all copyright or proprietary notices and any disclaimers contained herein. Any other use of materials on the Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written permission of Care Oncology, is prohibited. The availability of the Contents through this Website shall under no circumstance constitute a transfer of any copyrights, trademarks or other intellectual property rights of Care Oncology to any Website user or any third party. This Website and the Content are protected by U.S. and international copyright laws, both as individual works and as a compilation. You may not delete any copyright or similar notice from any content you obtain from this Website.
If you violate any of these Terms and Conditions of Use, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
12. Intellectual Property Rights
The Site and the Services are protected to the maximum extent permitted by patent, copyright and trademark laws and international treaties. The availability of the Site and the Services shall under no circumstance constitute a transfer of any patents, copyrights, trademarks, or other intellectual property rights of Care Oncology to any user or any third party. Care Oncology is the sole and exclusive owner of all right, title and interest in and to the Site and the Services and their content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, graphics, design, selection, arrangement, and look and feel), other content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. You are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the material provided on or through the Site or the Services except as generally and ordinarily permitted according to these Terms. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site or the Services shall be owned solely and exclusively by Care Oncology, including all intellectual property rights therein. You may not access or use any part of the Site, the App, or the Services for any commercial purposes.
All logos, trademarks, service marks and trade dress (hereinafter collectively referred to as “Trademarks”) displayed on this Website, whether or not appearing in large print or with or without the trademark symbol, are registered and unregistered Trademarks of Care Oncology, or of third parties. Use of the Trademarks displayed on this Website, or any Content, except as provided herein, is strictly prohibited. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Website without the written permission of Care Oncology or such third party that may own the Trademarks displayed at this Website. Furthermore, please be advised that Care Oncology actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
You understand that by providing any sample(s), having your sample(s) processed and tested, or providing information to us, you acquire no rights in any research or commercial products that may be developed by Care Oncology or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your sample(s) or information.
You agree to indemnify, defend, and hold harmless Care Oncology, StageZero, Care Oncology Physician Professionals, its managers, members, employees, agents, licensors, affiliates and suppliers from and against any and all claims, liabilities, actions, judgments, settlements, interest, awards, fines, penalties, losses, expenses, damages and costs, including reasonable attorneys’ fees and court costs, resulting from any violation of these Terms and Conditions of Use (including, but not limited to, negligent or wrongful conduct) by you. Care Oncology reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Care Oncology in asserting any available defenses.
14.Changes to the Terms and Conditions
We may make changes to these Terms and Conditions at any time. When changes are made, we will post the updated Terms and Conditions on our Site. All changes are effective immediately upon posting; the date the Terms were last updated is included at the top of the page. Your continued access or use of the Site, the App or the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check from time to time to review the most current Terms and Conditions.
15. Termination of Your Use of the Website
Care Oncology may terminate your use of the Website at any time and without notice to you if, in its sole judgment, you breach any term or condition of these Terms and Conditions of Use. Upon termination, you must destroy all materials obtained from this Website.
16. Limitation of Time to File Claims
Any action, claim or dispute you have against Care Oncology must be filed within one year, unless prohibited by applicable law. To the extent permitted by law, any claim or dispute under these Terms or the purchase or use of any Services must be filed within one year in an arbitration proceeding. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
17. Entire Agreement
If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, the remaining provisions of these Terms and Conditions of Use will remain in place. These Terms and Conditions of Use are the entire agreement between you and Care Oncology regarding all aspects of your use of this Website and/or the Content.
18. Questions and Comments
If you have any questions, comments, or concerns about these Terms and Conditions of Use, our Privacy Statement and Policy, the Website, or Care Oncology, please contact us at: firstname.lastname@example.org.
19. Cancellations & Refunds
Due to the resources required to schedule physician appointments and testing services, we apologize in advance that Care Oncology, Inc. is NOT able to offer full refunds for tests or appointments. We can provide a partial refund if you cancel up to three days before your scheduled appointment. Cancellations less than 3 days before your appointment, however, will not be refunded.
You can reschedule up to 3 days before your scheduled appointment. After this rescheduling cannot be accommodated.