Terms & Conditions

Acceptance

These Terms and Conditions (the “Terms”) govern your visits to www.mycancerpath.com (the “Platform”). CancerMark, a Delaware business entity (the “Company,” “we,” “us,” or “our”), owns and operates this Platform.  The term "you" refers to any user of the Platform.

These Terms have a force of a legally binding agreement, even if you are simply browsing without intention to contact us or register an account. Privacy Policy is another important document that you should familiarize yourself with because it describes our practices with respect to your personal information. You cannot visit the Platform if you do not agree to these Terms or the Privacy Policy. Sometimes we modify these Terms. We don’t notify users about every change to the Terms but you can see the date of the last update at the top of this page. If you still wish to visit the Platform after said date, that constitutes your agreement to the updates.

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Neutral Venue

Venue. Our Platform is a web-based information transfer center for cancer patients seeking the best treatment alternatives while addressing access disparities. We educate, then link cancer patients to subject matter experts who can guide them through treatment options and assist them with clinical trial enrollment that is customized to their circumstances. Our role is limited to providing technology to connect users. Nothing on this Platform establishes a provider-patient relationship as defined by state or federal law. We shall not be held liable for what users decide to do with the information presented on our Platform, third party links and services, users’ transactions, losses and any consequences of reliance on our Platform’s content.

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Disclaimer

Please note that the inclusion of a study on our Platform does not imply endorsement by CancerMark. The responsibility for the safety and scientific validity of the study lies with the sponsor and investigators. It is important to be aware of the potential risks and benefits of clinical studies and to consult with your healthcare provider before deciding to participate.

Our Platform aggregates data from clinical research studies sponsored or funded by various public and private organizations worldwide. It is important to note that not all studies listed on our platform are funded by the National Institutes of Health (NIH) or other agencies of the U.S. Federal Government, and may not be regulated or reviewed by the U.S. Food and Drug Administration or other governmental entities. The information provided on our platform is the responsibility of the study sponsors and investigators, and we perform a limited quality control review for errors, deficiencies, or inconsistencies.

Making the decision to participate in a study is a personal one, and we encourage you to discuss all options with your healthcare provider and other trusted advisors before committing to participation.

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No Professional Medical Advice

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY. Nothing on our Platform constitutes medical, legal, career or any other type of professional advice on our part. The information provided on this Platform is for informational purposes only and is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  We do not endorse or recommend any specific healthcare provider, expert, test, product, procedure, opinion, or other information that may be mentioned on this Platform or by any of its users. Reliance on any information provided by this Platform, or by any person or entity appearing on it, is solely at your own risk. Please seek the advice of a qualified healthcare provider if you have any questions or concerns about your health. If you engage anybody listed on our Platform, we are not a party to your interactions and transactions.

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Intellectual Property

Our Intellectual Property. We and our content suppliers own all intellectual property rights in our Platform contents, logos, trademarks (whether registered or unregistered) and data. Our IP rights are protected by U.S. law and international IP conventions. By using our Platform you do not acquire any of our IP rights. Nevertheless, you can view and print out this Platform’s content for personal use. We reserve all rights that are not expressly granted under these Terms or other written agreements between you and us.

Your Submissions. We do not claim ownership rights over your content. What’s yours remains yours. However, if you upload any content to the public areas of our Platform, you state that: (i) you have all necessary rights to that content, and (ii) we can display, transmit, modify and distribute this content without compensation to you. We can use and implement any feedback that you voluntarily provide, without compensation to you.

Copyright Infringement. We take copyright infringement seriously. Report it to us if you see it on our Platform and we will investigate.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will promptly investigate claims of copyright infringement committed using our Platform if such claims are reported to info@mycancerpath.com. If you hold copyright or are authorized to act on behalf of the copyright holder, you can report alleged copyright infringements as follows:

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• Identify the copyrighted work that you claim has been infringed.Identify the material or link you claim is infringing.
• Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
• Include both of the following statements in the body of your report:
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  “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”
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  “I hereby state that the information in this report is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
• Provide your full legal name and your electronic or physical signature.

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Acceptable Use Policy

By visiting this Platform, you represent and agree that:

• You have a full capacity to enter into a legally binding agreement, such as these Terms.
• You will not let others use your account, except as may be explicitly authorized by us. Everything that happens under your account is your responsibility. Registering duplicate accounts is not allowed.
• If you make a submission, it shall be truthful and not misleading. We can terminate any account for writing untruthful reviews, comments or other content. We reserve the right to edit, reject or erase anything submitted to us without prior notice. You will not send spam, anything defamatory, vulgar, racist, abusive or hateful.
• You will not use our Platform in connection with any sexually explicit material, illegal drugs, promotion of alcohol to persons under 21 years of age, pirated computer programs, viruses or other harmful code, disclosure of anyone's private information without consent, pyramid schemes, multilevel-marketing, "get rich quick" offerings, encouragement of violence.
• You will ask for our permission before copying anything from our Platform for republication.
• You will not use our Platform for anything illegal.
• We reserve the right to terminate any account using our sole reasonable discretion and without notice or liability.
• Bots, crawlers, indexers, web spiders, harvesters or any similar automatic processes are not allowed on our Platform.
• You will not impede the proper functioning of the Platform.

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Confidentiality

You cannot use or disclose any confidential information relating to our business, users, operations and properties for any purpose without our express prior written authorization. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of our confidential information.

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Breach of These Terms

If any user violates these Terms or any law, we can, without limitation: (i) ban that user from the Platform; (ii) disclose the user’s identity to authorities and assist in investigations; (iii) delete or moderate the user’s content; (iv) take any other action available under law.

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Disclaimer of Warranty; Limitation of Liability

THE PLATFORM AND ALL CONTENT AND SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.THE COMPANY MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR SERVICE MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM. THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR FROM ANY CONTENT OR SERVICE MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DOWN TIME, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION.THE COMPANY MAKES NO WARRANTY THAT THE PLATFORM OR ANY SERVICE OR CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS.WE ARE NOT LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

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HIPAA Compliance

We are committed to complying with the Health Insurance Portability and Accountability Act (HIPAA) and protecting the privacy and security of your personal health information. Any personal health information that you provide to us through this website will be treated in accordance with HIPAA regulations.

You acknowledge that we may collect and use your personal health information for authorized purposes, such as to provide medical treatment, clinical trial studies, or for cancer research. We will only use and disclose your personal health information (“PHI”) as permitted by HIPAA and as described in our Privacy Policy.You have the right to access, review, and request amendments or corrections to your personal health information. You may also request restrictions on the use or disclosure of your PHI, or you may revoke your authorization to use or disclose your PHI at any time by contacting us in writing.

We will report any breaches of your personal health information to you and to the Department of Health and Human Services as required by HIPAA. If you have any questions or concerns about your privacy rights or our HIPAA compliance, please contact us.