Website Terms of Use

21st Century Oncology Website Terms of Use

UPDATED NOVEMBER 23, 2015

Welcome to the website(s) located at the root domain www.21centuryoncology.com (this “Site”) which are provided by 21st Century Oncology, Inc. and its affiliates (“We,” “Us,” or “Our”).  Subject to your compliance with these Terms of Use, We grant you (“You” or “Your”) a limited license to access and use the Site for Your non-commercial, information only, and personal use.
 
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SITE. YOU MAY NEED TO SCROLL DOWN TO THE END OF THE PAGE TO READ ALL OF TERMS OF USE.  

IF YOU ARE NOT ABLE TO OR DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SITE.

DO NOT REFER TO THIS SITE IN AN EMERGENCY.  THIS SITE WILL NOT DISPATCH AN AMBULANCE OR OTHER EMERGENCY HELP.  IN AN EMERGENCY, CALL 911 OR THE APPROPRIATE EMERGENCY NUMBER.


1. Access and Use of Our Site 

By utilizing the Site, You agree to these Terms of Use.  The Site is intended to be used by individuals 18 years of age or older. Any user under the age of 18 should get the assistance of a parent or guardian to use this Site. 

We may change these Terms of Use from time to time and without notice at Our sole discretion and as provided by applicable law.  You should check these Terms of Use frequently for any such changes, but in any case, Your continued access or use of the Site shall constitute acceptance of any modification of the Terms of Use.  While these Terms of Use are intended to cover the uses for all of the Site, additional conditions, restrictions, and privacy policies may apply. 

2. Information Disclaimer

This Site is designed for information purposes only and is not intended to offer medical advice or professional services. The information published on this Site should not be used for diagnosing or treating a health problem or a disease. Under no circumstances is this Site a substitute for professional care or judgement. If you have or suspect you may have a health problem, you should consult your health care provider. 

The mention of specific products or services at this Site does not constitute or imply a recommendation or endorsement by Us, unless it is explicitly stated.  Information on the Site may be changed or updated without notice.  The views and opinions expressed in the media, articles or comments on this Site are those of the speakers or authors and do not necessarily reflect Our views and opinions. 

We disclaim any implied warranty or representation about this Site's accuracy or completeness, or appropriateness for a particular purpose.  You assume full responsibility for using the information at this Site, and You understand and agree that We are neither responsible nor liable for any claim, loss or damage resulting from its use.  


3. Information We Collect when You Visit the Site 

This Site does not collect any personal information about You such as Your name or gender, but We may use "Cookies" to help Us gather information about Your visit and improve access to the Site. "Cookies" are files that store small amounts of information  and "remember" You.  Cookies help make it easier to use the Website and allow Us to improve the Site.  

4. Links to Third Party Websites

Some articles, information, or hyperlinks in the Site may take You outside of the Site or link to articles and videos (“Linked Sites”).  The Linked Sites are not under Our control and We are not responsible for the content of any such Linked Sites, any hyperlinks contained in a Linked Site, or any changes or updates to such Linked Sites.  These Terms of Use do not apply to any Linked Sites.  We provide these Linked Sites to You only as a convenience and the inclusion of any hyperlink or content in that Linked Site does not imply endorsement by Us of the Linked Site or the contents contained therein.  Unless otherwise specifically stated on the Site, We do not endorse or make any representation or recommendation regarding the quality, or accuracy of any products or services featured in, or linked to any advertisement that appears on the Site.

5. Site Content

You acknowledge and agree that all text, graphics, photographs, trademarks, logos, visual interfaces, artwork, computer code and all other related content (“Content”) contained on the Site are owned by Us or third parties, and are protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Any reproduction, publication, further distribution or public exhibition of materials provided through the Site, in whole or in part, is strictly prohibited.  You agree that You will not use such Content in any way whatsoever except in compliance with these Terms of Use.  Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, distributed or transmitted in any way (including “mirroring”) to any other computer, server, Site or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent.  You agree not to change or delete any proprietary notices from materials downloaded from the Site.

6. Liability for the Actions of Users of the Site

You must not use Our Site in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.  We accept no responsibility for any loss or harm incurred. Additionally, You agree not to otherwise attempt to interfere with the proper working of the Site.  We do not request or warrant that functions available on this Site will be uninterrupted or error free, that defects will be corrected, or that the server that makes it available is free of viruses or bugs.  You acknowledge that it is Your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks).

7. Legal Disclaimer & Limitation of Liability

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND ACCURACY OF INFORMATION.  YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY LINKED SITES.  BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US OR OUR AFFILIATES WILL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR CONTRIBUTORS TO THE SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR DIRECT DAMAGES WHATSOEVER, UNDER ANY THEORY OF LIABILITY (INCLUDING, WITHOUT LIMITATION, LIABILITY ARISING OUT OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR PATENT OR COPYRIGHT INFRINGEMENT), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE ARISING AS A RESULT OF OUR PROVISION OR FAILURE TO PROVIDE INFORMATION VIA THE SITE EVEN IN THE EVENT THAT WE HAVE BEEN ADVISED OF SUCH DAMAGES. TO THE EXTENT LIABILITY CANNOT BE EXCLUDED OR DISCLAIMED, OUR LIABILITY IS LIMITED TO $1.00 USD.

8. Indemnification

You agree to defend, indemnify and hold harmless Us, Our affiliates, licensors and service providers, and Ours and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site any use of the Content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

9. Legal Jurisdiction

This Agreement is governed by the laws of the State of Florida without respect to its conflict of laws principles.  All proceedings relating to or arising out of the subject matter hereof shall be maintained exclusively in the state and federal courts with jurisdiction of Ft. Myers, Florida.  You hereby consent to personal jurisdiction and venue therein and hereby waive any right to object to personal jurisdiction or venue therein.  All claims must be brought within six (6) months of the date of the first event giving rise to a claim.  EXCEPT WHERE PROHIBITED BY LAW, YOU EXPRESSLY WAIVE TRIAL BY JURY IN ANY JUDICIAL PROCEEDING INVOLVING ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE SITE.

10. Digital Millennium Copyright Act Compliance

If You have any copyright concerns about any materials posted on this Site by others, please let Us know.  We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512).  Please provide Us with written notice (“Notice”) by contacting Our Designated Agent at the following address:

21st Century Oncology, Inc.
Legal Department 
2270 Colonial Boulevard
Fort Myers, FL 33907

To be effective, the Notice must include the following:
  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner (“Complaining Party”) of an exclusive right that is allegedly being infringed upon;
  • Information reasonably sufficient to permit Us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
  • Identification of the allegedly infringing material on the Site (“Infringing Material”), and information reasonably sufficient to permit Us to locate such material on the Site;
  • Identification of the copyrighted work claimed to have been infringed upon (“Infringed Material”), or if multiple copyrighted works at a single Site are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
  • A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the Notice is accurate, and under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. Entire Agreement 
These Terms of Use constitute the entire agreement between You and Us with respect to the use of the Site. You are fully responsible for all fees, charges, and taxes incurred while using the Site.  Our failure to insist on or enforce strict performance of these Terms of Use will not be construed as a waiver by Us of any provision or any rights. The invalidity, in whole or in part, of any provision of these Terms of Use will not affect the validity or enforceability of any other of its provisions. 

12. Notice
Notices to Us, except for Digital Millennium Copyright Act Notice, should be sent to:

21st Century Oncology, Inc. 
Business Development / Marketing Department
2270 Colonial Boulevard
Fort Myers, FL 33907

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