TERMS OF USE AND PRIVACY POLICY

Effective 2015

 
This Terms of Use and Privacy Policy (the “Terms”) will tell you how you may use the website (“Website”) for the Oncology Research Information Exchange Network (“ORIEN” or “we”) and what kinds of information we collect about you when you visit the Website, and how we may use such information. ORIEN was created by the H. Lee Moffitt Cancer Center and Research Institute Hospital, Inc., and Moffitt Genetics Corporation d/b/a M2Gen (together with their parent and sister corporations, “Moffitt Cancer Center”), and The Ohio State University on behalf of its Comprehensive Cancer Center – Arthur G. James Cancer Hospital and Richard J. Solove Research Institute (“Ohio State University”) and was subsequently joined by City of Hope National Medical Center and the Beckman Research Institute of the City of Hope (together, “City of Hope”), The Rector and Visitors of the University of Virginia (“University of Virginia”), The Regents of the University of Colorado, for and on behalf of the University of Colorado Anschutz Medical Campus (“University of Colorado”), the Regents of the University of New Mexico, for its public operation known as the UNM Health Sciences Center, specifically the UNM Cancer Center (“University of New Mexico”), Morehouse School of Medicine, Inc. on its behalf and that of its affiliate, Morehouse Healthcare, Inc. (“Morehouse”), and Rutgers, The State University of New Jersey, a body corporate and politic of the State by and on behalf of its Cancer Institute of New Jersey (“Rutgers”). ORIEN and Moffitt Cancer Center, Ohio State University, City of Hope, University of Virginia, University of Colorado, University of New Mexico, Morehouse, Rutgers, and any future participants or members in ORIEN (each, an “ORIEN Member”, and collectively, the “ORIEN Members”) will have access to your information as set forth in the Terms.

By accessing, browsing and/or using the Website or other digital content within the Website, you accept, without limitation or qualification, the Terms and agree to be bound by the Terms. The Terms only apply to your use of the Website. Other websites which are linked to the Website are only provided as a convenience and are not subject to the Terms, and ORIEN is not responsible for the content or information collection policies of third party websites.

We reserve the right to change the Terms from time to time as we deem necessary or appropriate. By using the Website after a change in the Terms, you agree to follow and be bound by the Terms as changed.

Collection of Non-Personal Information

ORIEN’s web server may collect and store general information about you, which may include, among other things:

  • The name of the domain or the IP address from which you access the internet (for example, aol.com if you are connecting from an America Online account);
  • The date and time you access our service;
  • The pages you visit;
  • The internet address of the website from which you linked directly to us; and/or
  • The name and release number of the web browser software you are using.

Any collected information may be maintained indefinitely and used for our internal business and marketing purposes, such as assessing traffic patterns and usage of various features on the Website.

Cookies

We may also use Cookies to collect information about you. A Cookie is a small text or data file that resides on the user’s hard drive and was created at the request of the web server to track specific information. We use Cookies to authenticate you as a user and to facilitate your movement through the various sections of the Website. We may use cookies to temporarily store application data.

Personal Information

You can access and browse the Website at any time without providing any personal information. Except for the general information listed above, we do not collect identifying information about you (such as your name, address, or telephone number) unless you voluntarily submit that information to us through our Contact ORIEN webpage or other means.

In addition, ORIEN does not share any personally identifiable information of any individual with any third party unrelated to ORIEN, except in situations where we must provide information for legal purposes or investigations, if so directed by the person through a proper authorization, or as otherwise permitted by applicable law. In limited circumstances, including requests from legal authorities, we may be required by law to disclose information you submit.

You should note that electronic communications, including secure messaging and email, are not necessarily secure against interception. While we take precautions, such as encrypting access and messaging, we make no representations, guarantees, or assurances regarding the security of your information provided to us.

Use of Website

You may use or download the items you see, hear, or otherwise receive from or on the Website (the “Content”) for educational purposes, or for your personal, noncommercial purposes, provided you keep unchanged all copyright and other notices with them. No other use of any Content is permitted.

You agree that you will not violate any local, state, federal or international laws in using the Website or accessing any material on the Website. You agree that you will make no use of the Website that violates anyone else’s rights, including copyright, trademark, patient, trade secret, privacy, publicity or other rights.

You acknowledge and agree that the Website is designed only for educational purposes and is not provided as a professional service or as medical advice for specific patients. It is not a substitute for professional medical care and if you have, or suspect you may have, a health problem, you should consult your health care provider.

Disclaimer of Warranty and Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.   MATERIALS, SERVICES AND OTHER INFORMATION ARE PROVIDED “AS IS” BY ORIEN FOR EDUCATIONAL PURPOSES ONLY. NEITHER ORIEN NOR THE ORIEN MEMBERS MAKE ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE OR NON-INFRINGEMENT.

NEITHER ORIEN NOR THE ORIEN MEMBERS TAKE RESPONSIBILITY FOR, AND EACH DISCLAIMS ANY AND ALL LIABILITY ARISING FROM, ANY INACCURACIES OR DEFECTS IN SOFTWARE, COMMUNICATION LINES, VIRTUAL PRIVATE NETWORK, THE INTERNET OR YOUR INTERNET SERVICE PROVIDER, ACCESS SYSTEM, COMPUTER HARDWARE OR SOFTWARE, OR ANY OTHER SERVICE OR DEVICE THAT YOU USE TO ACCESS THE WEBSITE. 

YOU ASSUME THE SOLE RISK OF TRANSMITTING YOUR INFORMATION AS IT RELATES TO THE USE OF THE WEBSITE, AND FOR ANY DATA CORRUPTIONS, INTENTIONAL INTERCEPTIONS, INTRUSIONS OR UNAUTHORIZED ACCESS TO INFORMATION, OR OF ANY DELAYS, INTERRUPTIONS TO OR FAILURES PREVENTING THE USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ORIEN DOES NOT GUARANTEE AGAINST VIRUSES, WORMS, OR OTHER UNAUTHORIZED USERS OR HACKERS ATTEMPTING TO OBTAIN ACCESS TO THE WEBSITE OR INFORMATION TRANSMITTED TO OR FROM THE WEBSITE.

IN NO EVENT SHALL ORIEN OR THE ORIEN MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR MONETARY DAMAGES, INCLUDING FEES AND PENALTIES, IN CONNECTION WITH YOUR USE OF MATERIALS POSTED ON THE WEBSITE OR CONNECTIVITY TO OR FROM THE WEBSITE TO ANY OTHER WEBSITE.

Children

The Website is intended for use only by adults over the age of 18. If you are under the age of 18, please consult a parent or guardian for help in using the Website.

Intellectual Property Rights

Unless otherwise expressly noted, you should assume the Content of the Website is copyright, trademark, trade dress or other intellectual property owned or licensed by ORIEN and/or the ORIEN Members. The Content includes, without limitation, images, illustrations, designs, icons, photographs, trademarks, logos, text, sounds, music, the Website as a whole and any other materials on the Website.

Specifically, ORIEN™ and Oncology Research Information Exchange Network™ trademarks and variations are owned by ORIEN and/or an ORIEN Member. All trademarks and variations of any current or future ORIEN Member belongs to such ORIEN Member. You may not use any of these at any time for any reason.

Nothing in the Terms transfers to you any right, title or interest in any Content, including any intellectual property or content of third parties included on the Website.

Governing Law; Exclusive Jurisdiction

The laws of the State of Florida will apply to the Terms, without regard to provisions governing conflicts of laws, and all disputes, claims or proceedings must be brought exclusively in the courts of the Thirteenth Judicial Circuit in and for Hillsborough County, Florida, or the United States Federal District Court for the Middle District of Florida, Tampa Division, as applicable.

Notices

If you need to provide written notices to ORIEN, please mail to:

Moffitt Genetics Corporation d/b/a M2Gen
10902 North McKinley Drive
Tampa, Florida 33612
Attention: Administrator, Oncology Research Information Exchange Network

With A Copy To:

Ronald A. Christaldi, Esq.
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Suite 2800
Tampa, Florida 33602

Third Party Suppliers

ORIEN may use suppliers, such as software companies, to provide, support and maintain the Website. These suppliers are protected under the Terms as intended third party beneficiaries.

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please submit your claim to:

Lee Moffitt Cancer Center and Research Institute, Inc.
Attention: Director, Office of Technology Management and Commercialization
12902 Magnolia Drive, MRC TTO
Tampa, Florida 33612

Indemnification

You agree to defend, indemnify and hold ORIEN, the ORIEN Members, and each of its officers, directors, physicians, employees, and agents harmless from any and all claims, liabilities, losses, damages, settlements, judgments, costs and expenses, including attorneys’ fees, arising in any way from your use of or access to the Website.

Miscellaneous

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms will remain in full force and effect. The Terms are the entire agreement between you and ORIEN relating to the Website. Any other agreements between you and ORIEN regarding the subject matter of the Terms are superseded and have no force or effect. All rights not expressly granted herein are reserved.

BY USING THE WEBSITE, YOU ACCEPT THESE TERMS.