Terms of Use

 

  1. GENERAL TERMS

These terms of use (hereinafter: “Terms of Use”) apply to our website (www.prIMEbyMedscape.org) (hereinafter: “our website”) and all services, products and communications (hereinafter: “services”), provided by Prime Oncology, B.V. (hereafter: “we,” “us” or “our”). You acknowledge that you have read, understood, and accept these Terms of Use and agree to be bound by them. If you do not agree to be bound by these Terms of Use, you may not access or use our website.  We maintain our website as a service to our users to facilitate an online informational and educational forum on subjects that we believe will be of interest to our users. Your access to our website is a privilege, and not a right, and we reserve the right to suspend or block your access to our website or its sub-areas at any time for reasons that include, but are not necessarily limited to, your failure to abide by these Terms of Use.

We may modify these Terms of Use from time to time, and such modifications will be effective immediately upon publication on our website. You should review these Terms of Use periodically to be aware of the actual applicable Terms of Use and your continued access or use of our website at any time will be deemed to be your conclusive acceptance of the Terms of Use that are in effect at that time.

  1. YOUR PERSONAL INFORMATION

All the personal information you give to us on our website shall be processed in accordance with (the latest version of) our Privacy Policy. Whenever you give any personal data to us on our website, please be sure to have read this Privacy Policy carefully.

Whenever you create an account on our website, please ensure that your username and password are kept safe, secure, and confidential.

For identification, billing, and marketing purposes, you agree to provide us with accurate, complete and up-to-date information required for use of our website and our services.

  1. DISCLAIMERS ON CONTENT AND ACCURACY AND WARRANTIES

Our website and the associated services are intended to facilitate the sharing of information about educational matters, and its use is intended for medical professionals only. OUR WEBSITE, ITS CONTENTS AND THE ASSOCIATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, RELIABILITY OR ACCURACY, OR THE RESULTS OBTAINED FROM THE USE OF OUR WEBSITE, ITS CONTENTS OR ANY OF THE ASSOCIATED SERVICES.

We rely on the authors and contributors of content items to confirm the accuracy of the information presented, and, therefore, we as the publisher and distributor of such content cannot warrant its accuracy. Information on our website may also contain technical inaccuracies or typographic errors, and information may be changed or updated without notice. You should also be aware that content when posted may become outdated over time, and that professionals may have different opinions on the matters addressed on our website. Because of this fact and also because of regular advances in medical research, we strongly recommend that you independently verify all information. Ultimately it is your responsibility to make your own professional judgments and to seek independent advice.

  1. NO MEDICAL ADVICE

We do not provide medical advice and any information provided on our website or otherwise through the services should not be used or relied on for such purposes, and is not intended to create and does not establish any physician-patient relationship. You are solely responsible for evaluating the information obtained from the services and for your use or misuse of such information in connection with your treatment decisions or otherwise. You agree that you shall be solely responsible for your compliance with all laws and standards of professional practice applicable to you and the practice of medicine or other relevant health profession.

If you are a consumer who chooses to access the information that we make available for use by medical professionals, you should not rely on that information as professional medical advice or use the services as a replacement for any relationship with your physician or other qualified healthcare professional. For medical concerns, including decisions about medications and other treatments, consumers should always consult their physician or, in serious cases, seek immediate assistance from emergency medical personnel.

  1. LIMITATIONS OF LIABILITY

You understand that we cannot and do not guarantee that any material available through our website will be free of infection, viruses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data. You assume total responsibility and risk for your use of our website, including your responsibility to evaluate the accuracy, completeness, and usefulness of all material and reports provided through or generated by our website. We do not warrant that our website will be uninterrupted or error-free, or that defects in our website will be corrected.

IN NO EVENT WILL WE OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM ATTRIBUTABLE TO USE OF OUR WEBSITE, ITS CONTENTS OR ASSOCIATED SERVICES, INCLUDING ANY DUE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OUR WEBSITE, ITS CONTENTS OR CONTENT AVAILABLE THROUGH THE WEBSITE OR ANY ASSOCIATED SERVICES. IN ANY EVENT, THE TOTAL OF ALL DAMAGES, INCLUDING DIRECT DAMAGES (WHETHER GROUNDED IN CONTRACT, TORT, OR OTHERWISE) ARISING UNDER OR RELATED TO OUR WEBSITE AND THE ASSOCIATED SERVICES WILL BE LIMITED TO THE AGGREGATE AMOUNT OF ALL SUMS PAID BY YOU TO US FOR SERVICES THAT WE PROVIDED TO DURING THE THREE (3) MONTHS PRIOR TO THE DATE ON WHICH SUCH DAMAGES WERE FIRST INCURRED. Because some states do not allow the exclusion of implied warranties or limitation of liability for consequential or incidental damages, the above may not apply to you. In such states, our liability is limited to the greatest extent permitted by law.

  1. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Prime, its affiliates, and their respective officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to us or our website, from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) or use of our website by you or any other person accessing the site using your account.

  1. INTELLECTUAL PROPERTY RIGHTS

Copyrights

You acknowledge and agree that our website and its contents are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, no part of our website may be reproduced, stored in a retrieval system, transmitted, or retransmitted, copied, published, or distributed in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. You may not modify, reverse engineer, decompile, disassemble, or create derivative works based on any materials as made available on our website, or remove any proprietary notices or labels contained therein.

Subject to the foregoing, you may make: (a) one machine-readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from different areas of our website solely for your own noncommercial, individual reference.

Trademarks and trade names

All trademarks, service marks, logos, and trade names used on our website are the property of Prime, its affiliates, or third parties who have authorized the use of such trademarks, service marks, logos, and trade names on our website, and may not be used by you without express written permission from Prime, the appropriate affiliate, or the applicable third party.

Design rights, formats, and patents

Whenever the contents on our website include the use of design rights, formats, and/or patents, these rights are the property of Prime, our affiliates or third parties who have authorized the use of such design rights, formats and/or patents on our website, and may not be used by you without express written permission from Prime, the appropriate affiliate, or the applicable third party.

  1. SHARING INFORMATION

Links and social media

Whenever we provide any links or sharing opportunities (via social media, blogs, forums, peer groups, and any other communication opportunities) on our website, these are provided exclusively for your own use and convenience. A link on our website or any sharing opportunity we provide does not represent any endorsement or recommendation by us and does not hawse have any association with the linked website. We are not responsible for the content of any of these websites that are linked to or from our website or for the legal consequences of your entering into any contracts with the third parties that provide these linked websites. We do not accept any liability for any loss, damage, expense, costs, or liability whatsoever incurred by you as a result.

If you do share content onto other platforms, please note that there may be separate terms and conditions connected to the organization that allows you to share. Please check the terms and conditions applicable to your use of any such platform.

Neither we nor any affiliate will be liable for any loss, damage, expense, costs, delays, or other liability whatsoever (including without limitation any financial losses such as loss of profit) which you may incur as a result of any event beyond our reasonable control (including without limitation any failure of transmission, communication, computer or other facilities, or your inability to access the website for any reason, or any failure, error or delay in the sending or receiving of any notice or communication or instruction through the post or any electronic medium).

Submission by Users

We do not wish to receive confidential or proprietary information from users of our website and, as such, you agree that any information you provide to us through our website, such as questions, comments, suggestions, ideas, or the like, will be provided without obligation of any kind, and we will be free to use, reproduce, disclose, and distribute such information to others without limitation. You agree to grant to us a nonexclusive, royalty-free, worldwide, perpetual license with the right to sublicense, reproduce, distribute, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, ideas for new or improved products and services) that you submit through our website (including through email, bulletin boards, forums, or news groups) by any means and in any medium. You also grant to us the right to use your name in connection with the submitted materials and other information, as well as in connection with all advertising and promotional material related to such submissions. You agree that you will have no recourse against us or any of our affiliates for any infringement or misappropriation of any proprietary right in your communications or submissions to us or through our website.

  1. WEBSITE SECURITY

Although we have taken reasonable technical and organizational measures to ensure the security of information and transactions conducted through our website, we cannot guarantee that communications and transactions conducted through our website will always be secure. You acknowledge that system failures may limit your ability to use our website or its online features and services. You agree to assume all risk and liability arising from your use of our website, including the risk posed by any breach in the security of communications and transactions you conduct through our website. You are solely responsible for maintaining the confidentiality of your password and other security devices and agree that we will have no obligation with regard to such matters.

  1. COMPLIANCE WITH APPLICABLE LAW

Any access to or use of our website is subject to your compliance with all applicable local laws to which you are subject. We make no representation that content on our website is appropriate in all jurisdictions from which our website may be accessible.

  1. ASSIGNMENT

We may assign its rights and duties in our website (including any content or information submitted by website users) and under these Terms of Use to any party (including any successor in interest to Prime) at any time without notice to you.

  1. GOVERNING LAW, VENUE, AND RELATED MATTERS

These Terms of Use will all be governed and construed in accordance with the internal laws of the State of New York, USA, applicable to agreements made and to be performed in New York. You agree that any legal action or proceeding between Prime and you for any purpose concerning these Terms of Use or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in New York County, New York, USA. Any claim or cause of action you may have with respect to our website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Our failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. All provisions of these Terms of Use will be deemed to be severable.

  1. CONTACT INFORMATION

The owner and controller of this Prime Oncology, B.V., which may be contacted at the following addresses:

Schenkkade 50S, Suite 16
2595 AR The Hague
the Netherlands
[email protected]

These Terms of Use were last updated March 3, 2019.

© Prime Oncology, B.V., 2019. All rights reserved.