Terms and Conditions
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING THIS SERVICE. IN ACCESSING
THIS SERVICE, YOU AGREE AND ARE BOUND TO THE TERMS AND CONDITIONS STATED BELOW.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHOULD NOT ACCESS
OR USE THIS SITE.
PatientPredict Inc. (PatientPredict) is not engaged in rendering medical or professional
services.The information contained in PatientPredict's web site, including its predictions,
is not intended to provide specific medical advice. The information contained in
PatientPredict's web site, including its predictions, is not a diagnosis, treatment
plan, or recommendation for a particular course of action regarding your disease.
The information you receive is not intended to be and should not be viewed as a
substitute for consultation with a licensed practitioner for medical advice regarding
your disease. All medical information should be reviewed by your own healthcare
professional before you use any such information. It remains your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions, advice, services,
and other information found on the site.
THE CONTENT ON PatientPredict SITE IS NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR
PROFESSIONAL MEDICAL ADVICE. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED
HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER
THE CONTENT NOR ANY OTHER SERVICE OFFERED BY OR THROUGH THE SITE IS INTENDED TO
BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE
OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SITE. IN AN EMERGENCY
CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
Our staff may include physicians, but none of our physicians, if any, will enter
into a physician-patient relationship with you. The information you obtain from
PatientPredict should not substitute for or be used instead of a relationship with
a health care professional. All users are encouraged to seek the advice of, and
regularly consult with, physicians and other health care professionals of their
selection.
The PatientPredict staff also may include other medical practitioners including, without
limitation, pharmacists, nutritionists, nurses, nurse practitioners, and other health
care professionals. None of these health care professionals will provide health
care services to you and they should not be considered to be in a clinical or treatment
relationship with you. Rather, these professionals are available solely to provide
you with educational health care information on the site.
PatientPredict will not request or accept payment from you and will not bill any insurance
company, government payment program or other source of health benefits.
Please do not send personal medical questions to PatientPredict. With respect to other
communication to PatientPredict, PatientPredict does not guarantee that it will respond
to all inquiries.
- Ownership. Subject to the terms and conditions of this agreement, Cancer
Home grants you a limited, non-exclusive, royalty-free license to view the materials
contained on the site (the "Materials") and make such copies only as may be incidentally
created during your exercise of the foregoing through the normal operation of a
commercially available web browser and a gateway cache and proxy obtaining the Materials
from the PatientPredict or PatientPredict-provider server. You are not granted any right
to use PatientPredict's trademarks, logos, trade dress (including without limitation
the layout of this site) or other marks and all such items shall remain the property
of PatientPredict.
- License to Downloadable Materials. If any area of this web site permits you
to download any Materials, those Materials will be specified on the page and your
download and use of such Materials shall be governed by the license agreement displayed
on the area of the site containing those Materials.
- Limitations. Except as set forth above, you may not (i) retain or distribute
any other copies of any Materials without the express written permission of Cancer
Home, (ii) make derivative works of the Materials or (iii) incorporate the Materials
in any other web page. All right, title, and interest in and to the Materials and
all intellectual property rights therein shall remain with PatientPredict and its licensers
and no ownership interest is transferred by virtue of making the Materials available
on this site or granting the foregoing licenses.
- Use of Data. By using this site, certain data may be collected about you.
You agree that PatientPredict may use such data in a manner which does not identify
personal information about you and solely in the aggregate with other users for
statistical purposes.
- Termination and Amendment. If PatientPredict removes any Materials from this
site all licenses granted with respect to the removed Materials are immediately
terminated except as otherwise expressly stated in the downloadable Material agreements
set forth in Section 2. PatientPredict may amend this agreement by uploading the amended
version to this site; all subsequent use of the Materials shall be governed by the
revised agreement.
- Links to Other Sites. This web site has links to other web sites which are
not under the control of PatientPredict and PatientPredict is not responsible for the
contents of any linked site or any link contained in a linked site, or any changes
or updates to such web sites. The inclusion of any link does not imply endorsement
by PatientPredict of that web site. It is up to you to take precautions to ensure that
whatever you select for your use is free of such items as viruses, worms, Trojan
horses and other items of a destructive nature.
- Medical Disclaimer. YOU ACKNOWLEDGE THAT PatientPredict IS NOT ENGAGED IN THE
PRACTICE OF MEDICINE AND THAT ALL DECISIONS MADE USING THE MEDICAL INFORMATION PROVIDED
AT THIS WEB SITE WILL BE YOUR EXCLUSIVE RESPONSIBILITY. You agree, at your expense,
to hold PatientPredict harmless from and to defend and indemnify PatientPredict from any
and all loss or liability for any and all claims, causes of action, suits, proceedings,
losses, damages, demands, fees, expenses, fines, penalties and costs (including
without limitation reasonable attorneys' fees, costs and disbursements) arising
from any claims, actions or proceedings brought against PatientPredict by any third
party arising out of or related to decisions or recommendations you make using the
information available on this web site.
- Warranty Disclaimer. THE MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND AND PatientPredict AND ITS LICENSORS HEREBY EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion
of implied warranties, in which case any implied warranties shall be limited to
the minimum period permitted by law.
- Limitation of Liability. YOU AGREE THAT PatientPredict AND ITS LICENSORS WILL
NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, LOST
PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
STRICT PRODUCT LIABILITY, OR OTHERWISE, ARISING FROM USE OF THE MATERIALS AND THIS
WEB SITE, EVEN IF PatientPredict OR ITS LICENSORS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU.
- Government End Users. PatientPredict provides the Materials to U.S. Government
end users (i) only as a commercial item and (ii) with only those rights as are granted
to all other end users pursuant to the terms and conditions herein.
- General. If any provision of the Agreement is held by a court of competent
jurisdiction to be unenforceable for any reason, the remaining provisions hereof
shall be unaffected and remain in full force and effect. This Agreement shall for
all purposes by governed by and interpreted in accordance with the laws of the State
of New York without regards to those laws as are applied to contracts entered into
and to be performed entirely in New York New York residents and without regards
to conflicts of law provisions. Any suit or proceeding arising out of or relating
to this Agreement shall be commenced exclusively in state or federal court in Westchester
County, New York, and you irrevocably submit to the exclusive jurisdiction and venue
of such courts.
- Indemnification. You agree to defend, indemnify and hold PatientPredict, its
officers, directors, employees, agents, licensors and suppliers, harmless from and
against any claims, actions or demands, liabilities and settlements including without
limitation, reasonable legal and accounting fees, resulting from, or alleged to
result from, your use of the Site in a manner that violates or is alleged to violate
these Conditions.