Terms and Conditions
Welcome to OnCure!
These Terms and Conditions ("Terms and Conditions") is a legally binding agreement between you, the person or entity that will be utilizing the OnCure website (referenced below as "You" or "Your") and OnCure ("OnCure" or "We")' with respect to OnCure's website or mobile app (the "Website").
By using the Website You accept the Terms and Conditions hereof. OnCure reserves the right, in its sole discretion, to modify these Terms and Conditions at any time by posting the modified provisions at https://www.oncure-app.com' and You shall be responsible for reviewing and becoming familiar with any such modifications. Please note that any such modifications shall become effective immediately upon posting. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE ANY PART OF THE WEBSITE.
1. ONCURE CONTENT AND LICENSE TO USE THE WEBSITE
1.1 OnCure retains all right, title, and interest in and to the Website (including all related intellectual property rights). Subject to these Terms and Conditions, OnCure hereby grants You a limited, personal, non-transferable, non-exclusive, non-assignable, non-sub-licensable license to access and use the Website, provided that You will not alter or modify any part of the Website. Except as expressly provided herein, no other rights or licenses, expressed or implied, are granted to You by OnCure with respect to the Website, including any intellectual property right, whether registered or not.
1.2 All photos, texts, scripts, designs, graphics, logos, audios, videos, songs, interactive features, interfaces, software, code, trademarks, service marks, trade names and other content ("Content") used, displayed, included, incorporated, uploaded, posted or published by OnCure or other third parties, as part of the Website, are the sole property of OnCure and/or their licensors ("OnCure Content"), subject to copyright and other intellectual property rights under applicable laws, and you may not use, download, distribute and/or copy them, in whole or in part, without the prior written permission of OnCure. For the sake of clarity, you may not copy, reproduce, modify, publicly display, publicly perform, publish, distribute, sell, license, rent, transfer, reproduce, create derivative works based on, or exploit in any way, OnCure Content or any part thereof.
2. PROHIBITED USE
2.1 You hereby undertake that You will not, and will not permit or authorize third parties to use the Website in any way that: (i) advertises transactions offered on other websites; (ii) for any commercial purpose other than for dealing, contracting and fulfillment of transactions offered within the Website; (iii) is defamatory, abusive, harassing, threatening, racist, or constitutes an invasion of a right of privacy of another person, or otherwise offensive, violent, vulgar, obscene, or otherwise harms or can reasonably be expected to harm any person or entity; (iv) is illegal or encourages or advocates illegal activity; (v) post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any third party; (vi) contain viruses, trojan horse, worm, or any other computer programs designed to interrupt, destroy, or limit the functionality of the Website or any system, computer software, hardware or telecommunications equipment; (vii) create a false identity or impersonate another person; (viii) "stalk"or otherwise harass another or is antisocial, disruptive, or destructive, including "flaming", "spamming", "flooding", "trolling" and "griefing" as these terms are commonly understood and used on the internet; or (ix) violate these Terms and Conditions and any applicable local, state, national or international law or regulation.
2.2 In addition, except as expressly authorized herein, You will not, and will not permit or authorize third parties to: (i) take any action intended to circumvent or disable the operation of any security feature or measure of the Website; (ii) publish, distribute, sell, disclose, market, sublicense, rent, lease, display, provide, transfer or make available the Website, or any portion thereof, to any third party; (iii) decompile, reverse engineer, disassemble, enhance or otherwise make any attempt to discover the source code of the Website or any part thereof; (iv) modify, reproduce, or create derivative works from the Website or any part thereof; (v) access the Website or OnCure's facilities via automated means, including by crawling, scraping, caching or otherwise (except as may be the result of standard search engine protocols or technologies used by a search engine with our express consent); or (vi) use the Website in any manner that is illegal or not authorized by these Terms and Conditions.
3.1 You are responsible for obtaining and maintaining any equipment, hardware, software or ancillary services required to access and use the Website, and for any fees charged by third parties in connection therewith, and OnCure shall have no responsibility or obligation in connection therewith.
3.2 If You send OnCure feedbacks or suggestions regarding the Website, You acknowledge that OnCure may use them at its sole discretion, without any obligation to compensate You in any manner for such feedbacks or suggestions.
3.3 OnCure may change, suspend or discontinue the Website at any time, including the availability of any feature, content or database, without notice or liability.
4. WARRANTY AND DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS SOLELY WITH YOU. THE WEBSITE IS SUPPLIED "AS IS", AND WITHOUT WARRANTY OF ANY KIND. ONCURE DOES NOT WARRANT THAT THE USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR WILL MEET YOUR SPECIFIC REQUIREMENTS. ONCURE MAKES NO WARRANTY OR REPRESENTATION, WITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE CONTENT AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AVAILABILITY, SECURITY, COMPATIBILITY, NON-INFRINGEMENT OR COMPLETENESS OF RESPONSES, RESULTS AND LACK OF NEGLIGENCE.
5. LIMITATION OF LIABILITY
IN NO EVENT SHALL ONCURE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY PERSONAL INJURY, OR ANY SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING LABOR COSTS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF BUSINESS INFORMATION, OR LOSS OF USE OR OTHER PECUNIARY LOSS, IN CONNECTION IWTH OR ARISING OUT OF THESE TERMS AND CONDITIONS, THE WEBSITE, ANY TRANSACTION, OR YOUR USE OF OR INABILITY TO USE THE WEBSITE, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER ONCURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL THE AGGREGATE LIABILITY OF ONCURE AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS AND EMPLOYEES UNDER THESE TERMS AND CONDITIONS OR ARISING OUT OF OR OTHERWISE RELATED TO YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED US DOLLARS. WITHOUT DEROGATING FROM THE FOREGOING, ONCURE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, WEBSITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION SOTRED THEREIN, (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE AND/OR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE AND/OR WEBSITE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
Upon its first demand, You will indemnify and hold OnCure, its shareholders, directors, officers and employees, harmeless from any claim, liability, cost, loss, damage and expense (including reasonable legal fees) caused due to Your access and use of the Website in violation of these Terms and Conditions or in violation or infringement of any rights (including, without limitation, privacy right, copyright, or other intellectual property rights) of any third party.
7.1 These Terms and Conditions and its performance shall be governed exclusively by the laws of the state of Texas, without regard to conflict of laws' provisions t.2 hat would result in the application of the laws of any other jurisdiction. The parties hereto submit the exclusive jurisdiction tot he courts of Collin county, Texas.
7.3 OnCure reserves the right to update these Terms and Conditions from time to time, with or without notice. If so, OnCure will post its updated Terms and Conditions on the Website. Your continued use of our services will be subject ot the then-current Terms and Conditions. If any modification is unacceptable to You, You may cease using the Website. If you so not cease using the Website, You will be deemed to have accepted those modifications.
7.4 OnCure may assign at any time any of its rights and/or obligations hereunder to any third party without Your consent.
7.5 These Terms and Conditions will also govern any future upgrades or updates or new releases provided by OnCure in connection with the Website, unless any such upgrades or updates are accompanied by a separate license, in which the terms of that separate license will govern.
7.6 In the event that a court of competent jurisdiction fonds any provision of these Terms and Conditions to be illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect.
7.7 The failure of OnCure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed by OnCure in writing.
7.8 If You have any questions or queries about these Terms and Conditions or our services in general, please do not hesitate to contact us via e-mail at: firstname.lastname@example.org.
DATA AND PERSONAL INFORMATION WE COLLECT
We may collect and/or receive information that may be considered personal in the course of your use of the Website, such as information about your laptop, tablet, mobile device and operating system, unique device identifier, software, your usage of the service, location data, time zone, browser type, Internet Protocol (IP) address, network Media Access Control (MAC)' Cookies (as defined below), language preference, referring pages, exit pages and URLs, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of this activity, whether you open, forward or click-through emails and ads, log files, and other usage data including data and information received whenever You interact with OnCure, or use the Services or Website.
In addition, if you choose to contact us and provide additional information that may be required for us to respond to your inquiry, we may also collect your name, email address and additional contact information.
It is your voluntary decision whether to provide us with any such personal information, but part of our Services may be conditioned by the provision of such information. Should you choose not to share such information with us, please do not use any Services requiring the provision of such information and refrain from using the Website.
In addition, we collect certain non-personal and non-identifiable information such as information concerning the use of the analytics and other tools we make available (e.g., information about the device, browser type and other information automatically sent) as well as statistical and aggregated information about your use of the Website and our Services.
HOW WE USE YOUR INFORMATION
We use all information provided to assist us with the development and improvement of our Website, Services, tools and associated technologies, and to develop new services, features and functionality, including through third parties such as contractors, sub-contractors and service providers.
We will not share your personally identifiable information with third parties without your explicit permission, except when reasonably required by law, regulation, court order or for the purpose of complying with legal requirements, or as otherwise expressly set forth herein.
We may use personally identifiable information and other information internally - for example, to help diagnose problems with our Services, to make our Services more useful for You and for our other customers and to provide You and develop new services, features and functionality.
By analyzing all information we receive, we may compile statistical information across a variety of users ("Statistical Information"). Statistical Information helps understand trends and customer needs so that new services can be cinsidered and so our Services and associated technology and services can be tailored to customer desires. Statistical Information may also help to prevent fraud. We may share Statistical Information with our partners, pursuant to commercial terms that we determine in our sole discretion. In addition, we may provide any information to third parties, so long as we have removed any information that identifies any specific individual or user, such as a name, address or contact information.
We may use your information to contact You for administrative purposes such as customer service or to provide promotional messages. We may use your information in order to provide You with information or promotions that we believe You may be interested in subject to your prior approval. We may use your information to respond to your emails, submissions, questions, comments, requests, and complaints to provide You with customer service, technical assistance and support; and to send You confirmations, updates, security alerts, support and administrative messages and otherwise facilitate Your use of, and our administration and operation of, the Services.
We will only use collected information in compliance with applicable law.
SHARING OF INFORMATION
OnCure is committed to protecting Your privacy and will not share or disclose information about You, unless otherwise permitted according to the following terms:
OnCure may share Your information with third party entities and individuals that provide OnCure with a variety of services necessary for providing the Services and operating the Website. These trusted third parties may have access to Your information, to the extent it is reasonably necessary for them in order to perform their obligations to OnCure.
OnCure may disclose data and information as necessary for Us to enforce our agreements and policies, to investigate any claims against OnCure, and to protect the rights and property of OnCure or its agents, employees and customers. We may disclose data as We reasonably believe necessary to investigate and protect the security of our software, servers and other equipment.
OnCure may share Your information in order to facilitate the provision of updates, product support and other services to You (if any);
For the purpose of analysis and statistics, provided that such disclosure is done anonymously and is non personal identifiable;
We may disclose or transfer data and information in connection with a sale of all or part of our business or assets, in the event of merger, consolidation, change of control of OnCure, or other corporate reorganization in which onCure participates (or any negotiation process with respect to these events) or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets; and
If required to do so by law, or in the good-faith belief, that (i) disclosing such information is necessary to comply with any law or respond to any court order, search warrant or equivalent, or where in OnCure reasonable belief an action is needed in order to protect the personal safety of any individual (ii) such disclosure is appropriate or necessary in order to enforce its Terms and Conditions, take precautions against liabilities, investigate and defend itself against any third party claims or allegations, assist government enforcement agencies, protect the security or integrity of its application and servers and protect its rights and property. We will comply with any applicable law that requires the collection and provision of Your data to the applicable authorities.
Cookies are small text files containing strings of information that are locally stored on Your computer or mobile device. They are widely used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize You and remember important information that will make Your use of a website more convenient (e.g. by remembering your user preferences).
Check the "Help" menu of your browser or operating system to learn how to adjust Your tracking settings or cookie preferences. Note that Our system may not recognize some or all "Do Not Track" headers from browsers.
USE OF THE SERVICES BY CHILDREN
Children under the age of 16 may NOT access or use our Services and provide OnCure with any personal information. If a parent believes that his or her child has submitted personal information yo Us (including, e.g., a name, address, telephone number or email address), he or she can contact us via e-mail at: email@example.com, and OnCure will promptly delete the information upon learning that it relates to a child under the age of 13.
OTHER WEBSITES AND SERVICES
All information described above may be stored on database servers. We will take commercially reasonable measures in providing secure transmission of Your Personal Information before it is transferred across the internet from Your system to Our servers and in securing such Personal Information stored on our systems. however, You should be aware that there is always some risk that others could find a way to thwart Our security systems. As a result, while We strive to protect Your Personal Information, We cannot ensure or warrant the security or privacy of Your Personal Information or other content you transmit using OnCure and/or the Website, and You do so at Your own risk. Thus, We encourage You to exercise discretion regarding the Personal Information You choose to disclose.